Bunch of wusses?

Are we a nation of wusses? So asked many, including Pennsylvania governor Ed Rendell, after the NFL postponed Sunday's Vikings-Eagles game because of the blizzard. This cry has become commonplace, that today's Americans and men in particular are not as tough as our predecessors. For instance, if a war - a real one, not like Afghanistan - arises, would today's Americans fight and defend their country as bravely as the Greatest Generation? The argument goes: how can we expect to endure a war when we are afraid to brave a blizzard to watch a football game? A similar cry is heard in Britain, but somewhat different: that playing four matches over ten days in the Christmas/New Year program is too much for the players.

Nonetheless, I do not think that we are becoming wusses because the game was postponed. First, twenty-first century standards about public safety and individual responsibility are different from the nineteenth century's. Back then, governments had little responsibility over public transit (there was barely any), whereas now we are more aware of and expect more out of the government in ensuring our safety. Public safety was the primary reason, and the NFL and Philadelphia needed to care about travelling fans, not whether the players could tough it out. Second, we are better at balancing risks and utilities today. The NFL made a conscious decision that weighed the risk of a public accident (which was great in the blizzard) versus the importance of having the game played on Sunday (not so great). It made a rational decision that arguably could have been decided otherwise, but probably worked out best for fans and employees alike. So, rather than blame our 'wussy' culture, maybe blame the lawyers for imposing such a pervasive fear about liability in each of us. Happy new year.

The Joy of Boxing Day

Ask most Americans what Boxing Day is, and you usually get a blank response about some Canadian oddity of little importance. But Boxing Day is something more. In fact, it is not Canadian; it is British (and thus celebrated in Canadian and other former British colonies). Boxing Day has nothing to do with boxing either. It probably grew out of traditions where churches collected presents and alms for the poor in boxes which were opened on the day after Christmas, or alternatively, masters provided gifts to their servants in boxes for a year's worth of work. Today, this latter tradition of giving gifts to servicemen remains relevant. Thus, on December 26, I usually leave a tip for the mailman and the sanitation worker in recognition of their work for the past year. After all, such selfless service should be recognized.

Another aspect of Boxing Day is the program of soccer matches played across Britain. Every year, the Premier League schedules a full round of matches, often between local rivals, which adds to the occasion. Today, I watched the Aston Villa-Tottenham match, which was a great game of attacking football (well, until the ref gave a stupid red card to a Spurs player). The fan atmosphere at the game and the others is incredible; one can feel it on TV. I think Boxing Day is one of the best sporting days of the year, on par with Independence Day for baseball and Thanksgiving Day for football. What do you think?

Currently listening: Five for Fighting; what is the best song - 100 Years, Superman, The Riddle?

Today's Boston Globe articles

1. Massachusetts Census: http://www.boston.com/news/local/massachusetts/graphics/12_26_10_mass_roots/

This is an interesting and informative interactive tool. Looking up Chinese-Americans, I'm not surprised to find there are many in Quincy but am surprised about Malden.

2. Congress: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/12/26/a_house_poorly_divided/

I agree: the House should be enlarged and representation more equitably distributed. But, isn't a House with over 500 members a bit unwieldy?

3. Criminal Law: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/12/26/a_felons_forward_pass/

I partially agree: criminal law should focus more on rehabilitation, i.e. helping former felons into society. Nonetheless, depriving convicted felons of many privileges is important to deter criminality.

4. Communication: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/12/26/the_death_of_email_as_we_know_it_not_so_fast/

I agree: E-mail is not dying and should not. There is great value (not just in business communication) of a thought out and revised article of communication.

5. 2010: http://www.boston.com/bostonglobe/ideas/articles/2010/12/26/2010_the_year_in_mistakes/

Through reviewing accomplishments, we build pride. Through reviewing mistakes, we build character.

Obama's Houdini Month

Who would have thought? After declaring a "shellacking" in the November election, Obama has resurrected his political hopes and his party's momentum in a whirlwind two weeks. I have not seen such a swift turn of fortunes since the Red Sox's recovery against the Yankees and the 19-8 "shellacking" in 2004. But somehow Obama defied the odds and critics who labelled him soft and incapable of pushing through key legislation. He did it the old-fashioned way: using personal will and political compromise. Adopting some of Clinton's tactics, Obama has thrown the gauntlet to the Republicans and revitalized support among the liberals and Democrat base.

I think the three major pieces of legislation are all wise and practical. First, extending  the Bush tax cuts, despite liberals' cries against cuts for the wealthy, will help to keep money in consumers' pockets and foster investment and consumer spending in 2011. The net gains from the tax cuts for the middle class, unemployment benefits and reduced payroll tax makes this a desirable compromise. Second, Obama rallied his liberal and youth base by fulfilling his campaign promise to repeal 'Don't Ask, Don't Tell'. Let's hope this makes the beginning of extending equal protection to gays and other still-marginalized groups. Finally, the START treaty ratification is a huge foreign policy success and instrumental to promoting nuclear peace and better relations with Russia. Biden and Kerry were instrumental in passing the treaty, which leaves America in a better position to tackle problems such as Iran and North Korea in the upcoming year.

Obama is not out of the woods yet. He and the incoming Congress will have many challenges in the upcoming term, most notably appropriations and the budget/deficit and other measures to stimulate the economy and job growth. How well the economy fares in 2012 will determine whether Obama wins reelection. But his December success has paved the way for that possibility and raised the spirits of his supporters and independents alike.

Today's Boston Globe articles

1. Gays in the military:http://www.boston.com/news/politics/articles/2010/12/19/senate_vote_ends_dont_ask_dont_tell/

Finally. It's about time for the military to end one of its most unequal and inimical policies. This episode will help to advance gay rights in America (sadly with more backlash to come).

2. Supreme Court: http://www.boston.com/news/nation/washington/articles/2010/12/19/under_roberts_high_court_is_becoming_business_friendly/

This trend is quite obvious for a while now and not necessarily good. In the much-heralded Arizona immigration and the ATT class action merit cases, the better outcome would probably be deciding against the U.S. Chamber of Commerce.

3. North Korea: http://www.boston.com/news/world/asia/articles/2010/12/19/weather_halts_s_korea_military_drills/

The situation on the peninsula is dire. Will war (gulp) actually break out? I would urge the South Koreans to exercise restraint, but not accede to North Korean demands to abandon the military exercises entirely.

4. Debt: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/12/19/credit_cards_the_devil_in_the_soft_sell/

So much for austerity. We Americans are addicted to debt; the financial reforms alone cannot save us from our spendthrift ways.

5. Ireland: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/12/19/romantic_ireland/

I liked this article a lot: it presents an accurate picture of Ireland past and the recently bailed out nation. I may be wrong, but think that Irish-Americans have a very tenuous relationship with their home country, regardless whether they remember it nostalgically or not.

6. Group Intelligence: http://www.boston.com/bostonglobe/ideas/articles/2010/12/19/group_iq/

I am convinced that group intelligence hardly resembles individual intelligence and should be measured differently. Even so, what characteristics best define group intelligence?

7. Conservatism: http://www.boston.com/bostonglobe/ideas/articles/2010/12/19/bedtime_for_little_patriots/

So, the conservatives finally begin to see education as a vehicle for their ideas. History ought to be retold by different voices, but how much will the conservative writers twist history to advance ideology over truth? (Liberal writers aren't guilt-free either).

Time to count the blessings

I am thankful for:

1. Making it through the first semester of law school - exams await but I'm up for the challenge.

2. Staying in touch with the outside world - law school has not become 24/7.

3. Having "Football Weekly" podcast today!

4. $2.99 pumpkin pie.

5. Patriots and Eagles winning.

I'm less thankful for:

1. Not having the opportunity to celebrate with family.

2. Thinking about the complicated and deadlocked politics today.

3. Arsenal, where have you gone?

http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/11/25/on_thanksgiving_blessings_amid_the_broader_tumult/

Today's Boston Globe articles

1. Congress: http://www.boston.com/news/nation/washington/articles/2010/11/14/divided_congress_goes_back_to_face_tough_challenges/

I hope Congress does something, especially extending unemployment benefits and the Bush-era tax cuts for middle-class families. Nonetheless, I think both parties will not budge and will drag these issues until January.

2. Burma: http://www.boston.com/news/world/asia/articles/2010/11/14/myanmar_dissident_freed_after_7_12_years_of_house_arrest/

Hooray for Aung San Suu Kyi! This is welcome news, finally. But she has many political challenges ahead of her, and the reality is that the military junta allowed her to be free.

3. Atheism & God: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/11/14/created_by_god_to_be_good/

I disagree: the author's examples and citation to history are unconvincing. More than not, reason has supported morality and concepts of "goodness", independent of any religious rationales. Both pure reason and pure faith may lead people to err. Just because concepts of morality have historically been based upon the Bible, especially in Europe, does not elevate the importance of God or denigrate the role of reason.

How much will the Democrats lose?

The Democrats will lose a lot this November 2. The only question is how much. The mood of the nation is difficult to gauge, but an anti-incumbent and anti-government wave is prevalent. The Democrats have much going against them: their incumbency, Obama, the job market, and their "elitism". Even though Obama has embarked on a final tour to boost his party's chances, it will be futile. Many Democrats, in fact, have isolated themselves from Obama so that they could retain their seats. For the GOP, this year is a vital opportunity that they have not had since 1994.

Even so, I cannot predict a clear Republican triumph. The Tea Party is a major liability for them. In the glare of the national media, many Tea Party candidates wilted and raised questions about their suitability for office. Business, which likes predictability, is wary of the Tea Party, as are most independents. The Tea Party may turn out to bite Republicans, and boost Democrat counterparts who only offer one thing to voters: they are not the Tea Party. Furthermore, many incumbent Republicans are up for office in national and state elections, and they too feel so voter ire. The Republicans should not feel so buoyant yet.

Perhaps the election will come down to the oldest calculus, money. Thanks to our ever judicious Supreme Court, whichever side spends the most or has the most corporate benefactors will win. The tasks facing America are great but the politicians who will solve them are petty. What would Ben Franklin really say?

A colorful weekend's worth of thoughts

I went to Famous Pub on Saturday night to watch the Phillies and Giants. Having no affinity for either, I followed the game solely because of the terrific pitching matchup, Roy Halladay versus Tim Lincecum. The game turned out to be a semi-classic pitchers' duel, where Lincecum edged Halladay. More important, I enjoyed the atmosphere at Famous. The servers were fun and affable people, and I did partake of a long night's banter with another patron who was celebrating her ??? birthday. I tried laying my tab on my buddy and someone else but it didn't work.

This morning I went to hear the Dalai Lama speak about teaching and practicing compassion. Perhaps because of the acoustics or the language barrier, I did not understand most of what he said. He did convey pieces of advice about compassion and how to live a good life. I will take that to heart and I hope have time to learn more about him and his message. As for my question to him, "How can students learn about compassion, besides asking our professors for a higher grade?", his answer gave me much to think about.

This afternoon I returned to Chukkar Farm to watch the US-Sweden polo invitational. Maybe I am already a VIP but the organizers did not charge me any fees for parking or admission. The match was a tight and tactical battle, which the US team, actually the local polo club, edged the Swedish visitors by 6 goals to 4. Today's weather was perfect for an afternoon of polo and a drive in the countryside. Georgia's fall foliage is a few weeks behind the Northeast's, but I think will be equally spectacular.

Today's Boston Globe articles

1. Supreme Court: http://www.boston.com/news/nation/washington/articles/2010/10/03/supreme_court_prepares_to_study_hot_button_issues/

This upcoming term will be interesting, not just because of the replacement of J.P. Stevens by E. Kagan. The protests at military funerals case may be as perplexing as any other: I have read the facts, and while the underlying cause of action arises from state law (intentional infliction of emotional distress, a tort), First Amendment rights of freedom of speech and freedom of religion are invoked (and) against each other. The cases regarding federal preemption of vaccine suits and car manufacturers liability will likely be determined by statutory interpretation and public policy.

2. Higher Education: http://www.boston.com/bostonglobe/ideas/articles/2010/10/03/the_test_has_been_canceled/

Final exams aren't endangered per se, but rather the skill sets and pedagogical approach they represented. Professors are realizing that students aren't learning the material, and more importantly, a closed book, all-or-nothing exam harms the students more than helps. In actual work, no sane client or customer will ask, "What are the elements of tort X?" or "What are the four structures of protein Y?" Rather, students need to learn to apply their knowledge to everyday facts, and in everyday work, they will have resources available to consult specialized knowledge. Final exams can be useful if they test students' ability, not in rote memorization, but in factual application. I like the Harvard professor's quotation, “Life is open book; it’s not closed book.”

3.  Boston: http://www.boston.com/lifestyle/articles/2010/10/03/101_things_every_bostonian_should_know/

All you pretend Bostonians, test your knowledge here (there's a link to a quiz). According to this article, I'm about 1/3 Bostonian. Not wicked good.

Law school tales

I haven't posted for a while, mostly because of the start of law school. I have been busy adjusting to the classes and meeting new people. I'll try to update every weekend (a big IF), but most probably will not have time for Wednesday topical discussions or Sunday Globe article summaries.

Some random thoughts...

1. I have great professors, but many of them like to tease the Red Sox - which makes them not so great.

2. Captain Torts, Major Contracts, Lieutenant Leg Reg, Brigadier Civ Pro. Private LWRAP.

3. Jean's Place offers cheap and great soup, daily.

4. I thought driving in NY was tough, but GA sure puts a lot on my mind.

5. I should drink, but won't.

6. I should vote, and will.

7. Southern hospitality is not a myth folks (yes, especially you northerners).

8. Supreme Court podcast is coming out Monday, but Football Weekly is way more important.

9. Currently listening to Five for Fighting, Beatles (again), Telemann.

Afghanistan - the fallout begins

This past weekend's leak of classified documents of the war in Afghanistan reveals the many troubles that led to the quagmire that the U.S. faces today. Much of it I blame on lack of planning and understanding. The U.S. entered Afghanistan in a highly uncoordinated and impromptu fashion. Granted, it was right after September 11 and most of the nation was indignant. Nonetheless, Bush sent in American troops and requested allied support without understanding the situation in Afghanistan. The Northern Alliance, then opposition to the ruling Taliban, had different motives and means of conducting the war; Osama bin Laden was perhaps the least of their concerns. The U.S. sent in its military without developing a coherent strategy, especially for nation-building and exit, or leveraging its allies properly. Pakistan stands out. Its shocking behavior was not unexpected; after all, the U.S. did not understand Musharraf or what interests Pakistan had in the region. Throughout the whole Bush years, the U.S. treated the war, strategy and allies indifferently and even wantonly.

All is not lost despite the revelation of thousands of pages of classified documents. The war is now Obama's. He cannot blame Bush should his venture in Afghanistan end in failure. Obama indeed can learn much from Bush's failures in Afghanistan. Moreover, this leak pay prove to be a blessing in disguise as policy wonks and experts may help drive national foreign policy in a proper direction. I believe that Obama should learn the two main lessons from Afghanistan that I point to above: develop and continue to develop a coherent strategy, and manage allies, especially the Karzai government, effectively. I believe the former will be less of a problem than the latter: after all, Obama has seriously considered and developed a strategy for Afghanistan, but Karzai will be a thorn for many years to come. Ultimate success in Afghanistan will not depend on how the U.S. armed forces perform. It will depend on how the U.S. unleashes its intelligence and diplomacy skills, above all others.

Today's Boston Globe articles

1. Longfellow Bridge: http://www.boston.com/news/local/massachusetts/articles/2010/07/25/linking_cities_and_eras/

The bridge needs a revamp and the various interests should be represented. The city planners should emphasize the need for walkers, bicyclists and public transportation - yes, the T - over cars.

2. Supreme Court: http://www.boston.com/news/nation/washington/articles/2010/07/25/the_most_conservative_high_court_in_decades/

Read the full article on NYTimes. The court is more conservative than any time in the recent past, but it seems that it's following the pace of the public opinion (which is not always wise or rational).

3. Obama Image: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/07/25/obamas_image_problem/

I disagree - sure, Obama can appear more tough but it's better for the President, or any other public figure, to be who he really is rather than who he isn't. Being disingenuous is more than being weak.

4. Elitism in Politics: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/07/25/the_best_and_the_brightest_redux/

Is this another polemic against so-called "elitists" running American policy? I am not convinced about the author's central assumption: that elitists or Ivy Leaguers are not in tune what the average Joe wants.

5. Tea Party: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/07/25/racism_at_the_tea_party/

Racism is a serious issue facing the Tea Party (see Rand Paul). Because it is not a formal party with a central locus of accountability, the Tea Party will not be hurt by racist remarks - then again, it cannot help itself much by disclaiming racism.

6. Freedom of Press: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/07/25/a_free_press_means_no_subsidies/

I agree - the press must be kept free from government subsidies. Any organization that accepts subsidies - ok, significant amounts, since every institution depends on the government in some way these days - cannot be political neutral or unbiased enough to criticize the government.

7. Culture and Government: http://www.boston.com/bostonglobe/ideas/articles/2010/07/25/culture_club/

No. The government should not regulate culture: it is almost unconstitutional and violates fundamental freedoms about America. It should use its other powers, such as antitrust, to manage those media and music companies that are acting anti-competitively.

8. European Anarchists: http://www.boston.com/ae/books/articles/2010/07/25/a_history_of_european_anarchists_fascinating_if_a_bit_thin/

A comparison between European anarchists then and such groups today will be interesting. The most important will be the motives behind those people - whether revolution or jihad, or something else.

California's voters should approve Proposition 19

In November, California will vote in a statewide referendum on whether to legalize marijuana. I believe that the proposition in question, Proposition 19, should be approved. Many reasons exist, some of them compelling, for approving the use of a drug that many people nonetheless consider criminal. For me, the two most convincing are legal and fiscal: removing arbitrary criminal policy and relieving fiscal policy. First, California serves notice how the enforcement of marijuana law and marijuana use, whether criminal or medicinal, overwhelmingly affects the poor and minorities. In fact, with medicinal marijuana legal, enforcement of the current laws is very arbitrary: many poor blacks and Hispanics, for example, are arrested at will. Legalizing the whole class will help lessen some of the capriciousness in a very grey area of criminal law and policy. Second, California, like many other states, is facing a growing and unwieldy fiscal crisis. Illegality of marijuana costs the state directly through police work, and more so, indirectly through loss of potential revenue. The Proposition authorizes several revenue-generating provisions that should help alleviate California's budget problem. It is something badly needed for a small price to pay.

Of course many would challenge the Proposition, and polls are indicating that opinion is close to 50-50. Besides the moral and criminal arguments, a legal issue arises: will California's proposition legalizing marijuana conflict with the federal government's ban on marijuana? The Supreme Court's recent decision in Gonzalez v. Raich, which upheld the federal government's ban on marijuana, even medical, as a legitimate use of the Commerce Clause, should serve as a guide. Despite that broad and seemingly ineluctable precedent, I believe that the new proposition, if passed, may survive legal scrutiny. First of all, Congress has not expressly preempted marijuana regulation - many states have differing laws that coexist with the federal ban. Second, the proposition itself has few provisions that directly challenge the Congressional ban. Criminal use or drug trafficking will continue to be outlawed. Third, the proposition's revenue-generating aims also shields it from being struck down: states have a large leeway on laws that seek to raise money, as opposed to laws seeking to regulate. Finally, the proposition does not violate the mirror side of the Commerce Clause, the dormant clause that prevents states from inhibiting interstate commerce. Thus, I believe that should the proposition pass and then is challenged, which it doubtless will, the Supreme Court could in fact uphold it. Right now, the issue lacks ripeness but who knows, some day limited criminalization of marijuana might become a fact, a boon for California and most of us.

Today's Boston Globe articles

1. Health Insurance: http://www.boston.com/news/health/articles/2010/07/18/firms_cancel_health_coverage/

I have mixed feelings about this: on one hand, small businesses are losing out and pressurized to abandon health care coverage for employees. On the other hand, the public insurance pools are augmented with additional and often healthy beneficiaries who can spread the risk.

2. Presidential Vacations: http://www.boston.com/news/nation/washington/articles/2010/07/18/vacations_are_prickly_issue_for_presidents/

Presidents, like anyone, deserve downtime to relax with family and get away from the grind. But because they are major public figures, the press will inevitably scrutinize them and how they spend their vacations.

3. BP and Public: http://www.boston.com/news/local/massachusetts/articles/2010/07/18/at_corner_bp_station_a_high_octane_standoff/

I'm surprised that there hasn't been widespread boycotts of BP gas stations. Maybe drivers need gas, period or aren't so compelled to incriminate BP.

4. British Monarchy: http://www.boston.com/news/world/europe/articles/2010/07/18/in_financially_ailing_britain_even_queen_is_cutting_back/

Good to see the Queen set an example. The people look to the monarchy to lead them and exemplify the times.

5. Broadcast Speech Regulation: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/07/18/the_obscenity_police/

I agree that networks should have discretion to filter their speech and regulate themselves. But government nonetheless have a compelling reason for regulating obscene speech, esp. in protecting children.

6. Fiscal Policy: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/07/18/unlock_common_sense_in_public_spending/

Ok, I get it - we need both spending to stave off another recession but also control to reduce the deficit. I agree with the author that we should not fear spending more today to revive the economy and cutting back later. Exactly where is the line?

7. States' Rights: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/07/18/whos_defending_states_rights/

I do not view the recent striking down the marriage law as a victory for states rights. Even if the Tenth Amendment was a major rationale for the decision, I believe that due process and equal protection played a larger role. States rights, as a whole constitutional movement, is close to irrelevant today.

8. Foreign Aid: http://www.boston.com/bostonglobe/ideas/articles/2010/07/18/free_money/

I agree with the idea, almost wholeheartedly. Poor people have solid financial skills. Giving them the money with financial independence unleashes their entrepreneurial spirit, which is necessary for national growth.

9. Science: http://www.boston.com/bostonglobe/ideas/articles/2010/07/18/hard_to_find/

It's not that all science is becoming more difficult to discover. Common, everyday inventions and observations are still made by amateurs and independent scientists. It's only the most esoteric and complex that requires mass collaboration and major funding.

Labour's Long Assault on British Civil Liberties

It was only five years ago when London experienced a series of street bombings that drew comparisons to 9/11. Even before then, and more so afterwards, Britain under Labour became as close to a modern police state as any Western, democratic government. Today, additional documents showing Labour's torture and abuse of British citizens were declassified. Such allegations of the government's complicity, often done in the name of national security, showed the previous government's low appraisal for civil liberties. Its ID cards programme, thankfully scrapped by the new government, could have been the first major step toward an Orwellian society.

The new government has much to do to restore British civil liberties. It should scale back and seek to scrap the many public surveillance cameras that exist. It should encourage more openness to the courts, and reform libel law, which is among the most restrictive in the developed world. It should confer and uphold as sacrosanct the rights and privileges of civil organizations and institutions, key partners envisioned by the Conservatives in renewal. While terrorism remains a threat and national security should not be taken lightly, civil liberties form the underpinnings of the British constitutional government. Labour's appalling record is only coming into light; it is more important that the current and future governments do not make similar errors with those fundamental and indispensable freedoms.

Today's Boston Globe articles

1. Invasive Species: http://www.boston.com/news/local/massachusetts/articles/2010/07/11/a_recovery_takes_root/

The blight of the Asian longhorn beetle shows the importance of a rich native biodiversity, including both predators that can control the population growth of invasive species (though that is less likely) and trees some of which can withstand the invasive species.

2. Police and Race: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/07/11/the_avoidable_arrest/

I agree: the Gates arrest was largely based on race. Unless the police educate themselves better about dealing with civilians, especially those of different races, this problem may well recur.

3. War on Terror: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/07/11/a_jihads_inspiration/

I agree: Bin Laden now is more of a figurehead whose relevance depends on al-Qaeda's: close to nil. What matters more for US foreign policy is addressing the underlying tensions that led to Bin Laden's resurgence, including Israel.

4. World Cup: http://www.boston.com/sports/soccer/articles/2010/07/11/theres_a_world_of_difference/

I agree that Americans do not understand or appreciate soccer like they appear to be (except maybe when the US team is playing). And I love the Daily Mail headline: 'If the Few had defended as badly as England did, we'd all be speaking German now'.

5. Democracy and Information: http://www.boston.com/bostonglobe/ideas/articles/2010/07/11/how_facts_backfire/

People are predisposed to agree with facts that fit their beliefs, but let's not use this to disparage the importance of facts. It is imperative that democracies safeguard a 'marketplace of ideas' where facts, both true and fanciful, may prosper.

6. States and Military: http://www.boston.com/bostonglobe/ideas/articles/2010/07/11/military_rule_20/

I find the military takeover of civilian sectors prevalent (just look at how China's PLA is controlling so many economic enterprises). Excessive military involvement in civilian sectors and decision-making bodes badly for many of the world's governments.

7. Environmental Protection: http://www.boston.com/bostonglobe/magazine/articles/2010/07/11/river_wild/

In such difficult debates, the present must take priority over the past. If enough scientific evidence suggests that a dam should be razed to save the environment or species, historical appeal or aesthetics should not bar.

8. Facebook: http://www.boston.com/ae/books/articles/2010/07/11/facebook_world/

Facebook is just getting started in reshaping human relations. In ten years, this book and its analysis may well be old news.

Supreme Court's Perverse McDonald v. Chicago Ruling

The Supreme Court's recent ruling, McDonald v. Chicago, interpreted the Second Amendment's "right to bear arms" broadly and applicable to the states. Thus, no state may henceforth prohibit all possession of handguns, especially for self-defence and use in the home. Notwithstanding any personal feelings on the gun debate (disclaimer: I am for gun control), I believe that the ruling was in error on both matters of law and fact. It will have enormous and altogether malicious consequences for the country in the decades to come.

First, I do not find the majority's appeal history and tradition convincing. The original Second Amendment, added in 1791, was primarily included for organizing a militia (hence, the attached militia clause). Even after the Civil War, Congress included the Fourteenth Amendment's Due Process Clause to embed the powers of communities and limits of states. The evidence that the Framers intended to protect an individual right to bear arms is scanty. Sure, self-defence is a right worthwhile to defend but how one defends oneself and one's property is not without bounds. It would surprise me much that the Framers or any historical authority contemplated the Amendment to apply to individual ownership of firearms.

Second, besides the citation to history, which I always find suspect in deciding law, the sense that a right to firearms is fundamental strikes me as out of place. Fundamental rights include a number that deserve the highest level of constitutional protection: speech, voting, travel and others. They arise because they are so rooted in the history and traditions of the people, or because they are necessary to sustain a limited government of "ordered liberty". I do not find gun ownership so fundamental from history, especially since long-time precedent has not recognized a right to own guns. And can anyone logically say that owning a gun is so essential to a free and orderly society that it is fundamental? Unlike other fundamental rights such as religion or fair trial, owning guns imposes a duty and harm on society, especially when ownership is misused. Guns and firearms are not necessary for eking out a living, or exercising one's civic duties. It is not fundamental to a healthy and prosperous life, nor to a vibrant democracy.

Third, I find the Court's disregard for traditional separation of powers among states and the federal government surprising. States, as individual sovereign entities, retain broad police powers to regulate matters of public safety and welfare. Gun legislation, including acts prohibiting its use in private places, fall under that umbrella. The federal government does not have those police powers. Meanwhile, the Court has traditionally deferred to states in their economic and social legislation, i.e. rational basis test. I do not understand why the Court does not show similar deference to Chicago. Chicago's legislators knew their city and neighborhoods best; they were properly elected by the people; they, through a democratic, political process, enacted the strict gun control laws. If the people do not like them, they can repeal the laws through their legislators. The courts, especially the Supreme Court, should not meddle in those matters.

Finally, I find the decision lacking in guidance for lower courts to apply the new law. Granted the Supreme Court is the most important appellate court whose role is to consider broad, abstract questions of law, not fact. Nonetheless, it should have delineated at least a standard for applying the Second Amendment. Should the right to bear arms be elevated like other fundamental rights, so that strict scrutiny applies? Or should it be given a classification similar to gender, which invokes intermediate scrutiny? By not laying down any tests or rules, the Court only guarantees a mix of rulings from various federal courts. More litigation will be forthcoming, especially from gun rights supporters, all of which will keep the federal courts busy for a long while. Without doubt, many of those will end up in the Supreme Court.

There is a fundamental flaw with the so-called originalist view of constitutional interpretation. By looking at history and what rights meant when they were written, be it the 1780s or 1870s, that view disregards the dynamic nature of the Constitution. It is living document, whose Amendments allow it to change with times and needs of the people. Making law and establishing precedent based on what was applicable centuries ago is shortsighted, maybe fatal. What matters most is the shape of human events in 2010, not 1787. Guns and violence continue to be a blight, especially in inner-city neighborhoods and backwater communities. States and citizens need to be given the leeway to tackle these problems through social legislation. The Supreme Court is wrong in giving deference to history and tradition over the problems of the present. In fact, I find the Court's refusal to apply the law to the facts of the case disheartening. The statistics of how many Chicagoans the strict gun laws have saved should matter more than what James Madison intended with the Second Amendment. Too bad many on the Court do not see it the same way.

Today's Boston Globe articles

1. Art History: http://www.boston.com/community/photos/raw/articles/2010/06/27/a_glimpse_from_dawn_of_photography/

This artifact may be valuable, esp. if the photography was taken by Louis Daguerre himself. I have to see it if I stop by Peabody Museum.

2. Online Comments: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/06/27/freedom_of_screech/

I agree: having a venue for anonymous speech is essential in a democracy. Media should look for other ways to cut out the inappropriate comments without chilling speech.

3. Online Speech: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/06/27/commenters_publishers_in_legal_wild_west/

I do not know the New Hampshire test, but it looks sound. I wonder whether this type of controversy is a constitutional or purely defamation question, but the courts are likely to balance the several rights and interests by treating the topic as a constitutional issue.

4. New Orleans: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/06/27/in_new_orleans_defiantly_facing_bad_luck/

Like Haiti, New Orleans has suffered at the hands of its unfortunate geography. Much bravo to the residents there for sticking through calamity after calamity.

5. Social Hierarchy: http://www.boston.com/bostonglobe/ideas/articles/2010/06/27/out_of_line/

I agree: some sort of hierarchy or status is necessary for society to function and to maintain some sort of order. It is too much hierarchy or blind following of status that is dangerous.

6. Taxes: http://www.boston.com/bostonglobe/ideas/articles/2010/06/27/voluntary_taxes/

Wouldn't it be cool to only have voluntary taxes? We would only pay for services or expenditures we deem important (e.g. no to Afghanistan).

7. Elitism: http://www.boston.com/bostonglobe/magazine/articles/2010/06/27/elena_kagan_and_the_harvard_stigma/

I am almost fed up with the anti-elitism in the mainstream culture and media. Why denigrate Harvard and its alumni just because they attend Harvard? If they are particularly bright or accomplished, they deserve their just deserts.

8. English Language: http://www.boston.com/bostonglobe/ideas/articles/2010/06/27/language_police/

I do not like the Academy idea: what made English so dominant is that it had no central authority, and could expand or jettison words with the times.

Today's Boston Globe articles

1. Legal Profession: http://www.boston.com/news/local/massachusetts/articles/2010/06/20/dad_was_right_justice_is_worth_waiting_for/

This is an excellent story, and example for new lawyers, especially those within lawyer families.

2. Immigration Debate: http://www.boston.com/news/local/massachusetts/articles/2010/06/20/case_deepens_immigration_debate/

I believe immigration reform, along the lines of the Dream Act or another bill, is needed. Children of illegal immigrants are not at fault, and should be given opportunities to become full Americans.

3. Gun Control: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/06/20/the_instrument_of_crime_remains_only_an_instrument/

I disagree: guns themselves represent crime per se, or at least killing another, whether criminal or not. Knives or cars, on the other hand, have other primary, socially beneficial uses. Gun control laws are needed but should be configured to target criminals.

4. Presidential Image: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/06/20/obama_lose_your_cool/

The President needs to show his passion, but unlike ordinary citizens, he needs to run a government and be the face of the nation. Such a gargantuan task requires a level of stoicism under fire.

5. Leisure Time: http://www.boston.com/bostonglobe/ideas/articles/2010/06/20/the_best_vacation_ever/

Some findings are quite obvious: it's the intensity, not the length, of the experience that counts; disruptions and variations in pace are welcome; and frequent yet short periods of rest are more beneficial than a long leisure vacation.

6. Internet Access: http://www.boston.com/bostonglobe/ideas/articles/2010/06/20/one_nation_online/

The issue of a right to broadband is similar to a right to health care: it is a positive right that imposes a corresponding duty (and costs) on someone else, doctors/health insurers and telecommunication companies respectively. The social utility of internet access and rapid advances in infrastructure may make broadband access a reality for many.

7. Internet Users: http://www.boston.com/bostonglobe/magazine/articles/2010/06/20/inside_the_mind_of_the_anonymous_online_poster/

The anonymous online poster takes many forms (I do it, often but not as frequent as those in this article). Most are general enthusiasts who feel they have something substantial or good to say that adds to a debate, rather than wanting to slander someone else.

Finally, progress on the BP Oil Spill

Today, in almost a stunning turn of events, the Gulf oil spill saga has generated some good news. Foremost, BP has agreed to set up a $20 billion escrow account to pay off potential claims arising from the spill. That agreement brought immediate and much-needed relief for Gulf Coast residents and businesses. Although $20 billion is not that much for BP - its annual dividends are just half of that - Obama has obtained good terms for the escrow account: administration by an independent third party, collateral of BP's American assets and the remaining understanding that no minimum exists for BP's liability. Furthermore, BP has suspended dividends to its shareholders for the year, and has also set aside a $100 million fund for displaced and waylaid oil workers impacted by the President's oil drilling moratorium. That latter claim was likely difficult to bargain and win, as BP had little influence in that effect.

I think that today's turn of events constitutes a big success for Obama. After last night's Oval Office speech, which I thought was only mediocre and not forceful enough, today's negotiations delivered substantial results. The American people are disappointed with Obama and the federal government's handling of the BP crisis not because regulators overlooked the problems or could not stop the spill, but because the government appeared incapable of doing anything about it or extracting some tangible promises from BP. Ordinary people in general do not, and cannot, concern themselves with far away dealings of an overseas oil company or the technical details of an oil spill. Instead, they look at their bottom line and how their lives are impacted. Obama appeared aloof and incapable of helping them with their lost livelihoods. Today may be the beginning of a new perception.

Today's Boston Globe articles

1. BP and Legal Remedy: http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/06/13/hold_polluters_accountable/

I agree wholeheartedly - standards and liability should be strict for polluters and businesses engaging in such high risk enterprises.

2. Character Sketch: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/06/13/tony_hayward/

This is what a character sketch of a person lacking in character looks like. Not much of a sketch, or just a sketchy description.

3. Human Psychology/Nature: http://www.boston.com/bostonglobe/ideas/articles/2010/06/13/the_bright_side_of_wrong/

It's an insightful article that has good points. I agree that we should kill ourselves for mistakes and classify people based on how mistaken-prone they are. Nonetheless, having a self-critical, even up to unforgiving, attitude toward mistakes, esp. those avoidable or repeated, may be the fruit for individual success.

4. Flags and Politics: http://www.boston.com/bostonglobe/ideas/articles/2010/06/13/flag_daze/

Flags are important and represent movements. The fact that the Tea Party cannot agree on a flag, or set of flags, without having reservations signifies how divided they are.

5. Urban Literacy: http://www.boston.com/ae/books/articles/2010/06/13/americas_athens_shrugged/

The idea is worthwhile but has a major problem - getting people with different tastes and backgrounds to read one book. It's philosophically quixotic and practically infeasible (ok, maybe I'm exaggerating). Perhaps for Boston, there are too many books or the city's too literate?

World Cup 2010 - the quick and useful preview

On Friday, the first World Cup on the African continent will kick off with 32 teams vying for ultimate glory, even though only a handful have a realistic chance. It will nonetheless be a historic tournament (aren't we saying this every four years?) that will shine the world's cameras and lights on the Republic of South Africa. Let's hope the tournament excites fans with skills and performances on the field, and few distractions off. With that blessing in mind, the most charitable that you may find me to be, let's run down the groups and likely winners. My predictions in no way represent my views or those of my superiors, and confer no liability for possible yet imaginative harms at law, i.e. intentional infliction of emotional distress, abridgment of privileges and immunities of certain countries and their fans...

Group A: Will South Africa's early exit bring some relief from those vuvuzelas? Who will be the French tabloid king, Domenech, Henry, or Ribery?

Group B: Want a sneak peak of Maradona running naked down the streets of Buenos Aires? No thank you. Can Greece's play be the new siesta medicine?

Group C: What's the next round of the taxation without representation Anglo-American feud?

Group D: Can Germany's sterling national social insurance system find a cure for its ailing team?

Group E: Will it be another year of Dutch illusionists looking at the starry night of a lost World Cup?

Group F: Pensioner rights and Medicare lobbyists are looking at their cohorts in Italy. To insure or not?

Group G: Who will emerge from the Group of Death - the best team in the world, the sulky boy and gang, Sven, or the inscrutable yet almost literally bringers of death?

Group H: They are no longer cursed but may still be fragile (e.g. to anyone parking an airplane). Will Spain deceive again, as is likely?

Among the favorites, I cannot pick Argentina because of an unstable coach, nor England because of a dysfunctional team, nor the Netherlands because of their still lack of balance, nor Spain because they will once again fall short. It has to be Brazil: not pretty at all, but solid enough to bag their sixth.

Today's Boston Globe articles

1. Smoking Legislation: http://www.boston.com/news/local/massachusetts/articles/2010/06/06/smoking_warnings_could_depend_on_nyc_lawsuit/

This is an interesting constitutional issue that pits the state's police powers against an individual business's right to free speech. It may go to the Supreme Court.

2. Community Theatre: http://www.boston.com/news/local/articles/2010/06/06/independent_theaters_in_lexington_newton_arlington_brookline_waltham_maynard_thrive/

Welcoming news for all. I attended some films at the Coolidge Corner Theatre, which is an awesome experience for all filmgoers.

3. Oil Spill: http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/06/06/oil_spill_is_a_sign_to_congress_kick_the_fossil_fuel_habit/

I agree: it is about time, even bit late, for Americans to end our reliance on fossil fuels.

4. September 11 Attacks: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/06/06/a_mosque_at_ground_zero/

I believe that a mosque is inappropriate: it will enrage a large group of people. As the article described, a social assistance center or some other non-religious building is more appropriate.

5. Urban Architecture: http://www.boston.com/bostonglobe/ideas/articles/2010/06/06/defending_boston_from_the_sea/

Unfortunately, Boston and other low-altitude places need to protect against impending rising seas. Too bad not enough of us are committed to the root problem, global warming.

6. American Character: http://www.boston.com/bostonglobe/ideas/articles/2010/06/06/sweet_land_of_conformity/

I read the author's book, which is worth a read for anybody interested in America. His argument is strong: that a voluntarism based on group conformity permeates our character, for better or worse.

7. World Cup: http://www.boston.com/bostonglobe/ideas/articles/2010/06/06/the_ideas_guide_to_the_world_cup/

W00t! Let's get kicking.

8. College Commencement: http://www.boston.com/bostonglobe/magazine/articles/2010/06/06/if_id_only_known/

A funny, yet very useful article. I feel so street dumb indeed.

9. Internet and Intelligence: http://www.boston.com/ae/books/articles/2010/06/06/the_internet_ate_my_brain/

There is some merit to the claim that the Internet has corrupted our intelligence, but I agree that we can stem the loss and not end up half-witted.

The Blown Perfect Game Call - what to do about it?

In case you missed it, last night, umpire Jim Joyce mistakenly called a Cleveland Indian runner safe at first base. The trouble was, that call occurred with two outs in the top of the ninth, when Detroit Tiger pitcher Armando Galarraga was about to throw the 21st perfect game in baseball history. The outrage in the sports world has been intense with many calling for MLB to reverse the call and reinstate the perfect game. I disagree. The controlling fact was that Joyce, at the time of the act, honestly believed that the runner was safe. He later realized that he was wrong, but only after checking TV replays, which clearly showed the runner was out. Joyce committed an error, a very human error. He acted with no malice toward Galarraga, nor was there evidence that the umpire acted negligently in his job. Therefore, with no wrong committed, punishment should not issue. Suspending the umpire would breach MLB's good faith relationship with the umpires union, and reversing the call will be an indirect way of doing the same.

I'm glad to see Galarraga and Joyce commiserating over the error before today's game. Joyce has accepted his error and Galarraga is prepared to move on. Baseball should as well. It is imperative that baseball explore expanded use of instant replay. More than any other sport, baseball relies heavily on the human eye and imperfect umpires to make calls that determine outs, games and even championships. Yesterday's error was egregious just because it occurred at an inopportune moment. Baseball should be more amenable to adjusting the game to the 21st century. I do not propose getting rid of umpires and just play by computer refereeing, but some renovations such as NFL's three challenges rule may be useful. As for Joyce, this infamous moment will remain with him for ever but he is veteran and professional enough to not let it haunt him. Galarraga, meanwhile, will realize that leading the Tigers to a first World Series championship in more than two decades will more than enough alleviate the sting.

The virtue of Responsiveness in our time

Today is Memorial Day, when we honor the sacrifices of armed forces members past and present. They deserve our due respect and recognition on such an important day. But Memorial Day also means much for each of us citizens. After all, we make the decisions - however wise - to send the armed forces to places across the globe. Iraq and Afghanistan are not merely distant campaigns in another continent, but issues very much political and civil. That is why each of us need to re-examine ourselves to make sure the armed forces and the victims of wars have not died in vain.

I recently read a book about the legal profession and the authors' three virtues for the next generation of lawyers: competency, responsiveness, and honesty. Responsiveness should for a virtue for all of us, whether or not we aspire to be or are lawyers. It means keeping informed of the world and engaging actively to solve the world's problems. For each of us, it may be a tall order. In particular, the world's problems seem more immense than ever: the acrimonious politics before the midterm elections, the BP oil spill, impending conflict on the Korean peninsula, the European financial crisis, continuing skirmishes in the Palestine, tensions over immigration policy and the gargantuan problem of climate change are among the few. These problems will not go away, nor should each of us entrust them to politicians and experts. It is up of each of us to contribute our part to understanding the problems and providing solutions.

Thus, resolve to 1) educate ourselves through a critical spectrum about the problems that befall us and 2) evaluate and effect solutions that are wise for public policy and practicable through our individual means. Those who sacrificed for our freedoms demand no less from each of us.

10:00 - Floral Park parade and ceremony
12:30 - Garden City fair and concert

Privacy in the digital age

Maybe Griswold was ruled just in the nick of time. In 1965, the Supreme Court first ruled that there exists a constitutional right to privacy (in that particular case, marital privacy to use contraceptives). That right is commonly and rightfully assumed in our culture. Now, more than ever, privacy is needed as the Internet and digital technology breaks traditional barriers. I recently read about Facebook's long history with privacy intrusions. Indeed, it is quite befuddling to tackle the privacy controls on Facebook - I tried but still cannot master it. Likewise, Google's collection of users' data for its satellite maps is also troubling. Sure, we appreciate the useful Google Apps but would prefer that our cars and pools remain off limits to remote public eyes.

Facebook and Google are just the biggest players. Granted, we are not Britain where public surveillance exists to an uncomfortable degree (thank goodness Labour's ID cards scheme has been scrapped by the coalition). Nonetheless, a sizable number of Americans are worried about big government and corporations looking over their shoulders. Technology plays a dual role: it liberates us to do new things but also breaks barriers that once protected private actions from public scrutiny. We are no longer sure. In fact, we are insecure about the privacy and sanctity of the home, an interest long protected by common law. Computer viruses pop up unexpectedly. Telemarketers continue to call. One paper not shredded may result in identity theft. Sometimes, this makes me (and likely others) want to board a raft and flee for an atoll.

Today's Boston Globe articles

1. Boston Sports: http://www.boston.com/news/local/massachusetts/articles/2010/05/23/celtics_run_has_fans_shopping_for_everything_green/

Winning generates fans, obviously. The contrasting fortunes of Boston's Celtics and Red Sox is a blessing: it shows the true, loyal fans from the bandwagon ones.

2. College Education: http://www.boston.com/news/nation/articles/2010/05/23/educators_push_a_college_alternative/

I agree: college education is not cost effective: the value is not worth the cost. Creating vocational alternatives should help students who cannot afford or are unsuited for college.

3. European Social Policy: http://www.boston.com/news/world/europe/articles/2010/05/23/deficit_threatens_european_lifestyle/

It's about time to wake up Europe. While I do not advocate for America's cutthroat individualistic capitalism, Europe should examine their social welfare model and cut out unnecessary programs.

4. Chinese Jargon: http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/05/23/jargon_from_mao_to_mba_speak/

Discard the old communist jargon. Do not look at ancient literature either. Use language that is current and practical. Looking backwards will be fatal - something many Chinese do not get.

5. Climate Regulation: http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/05/23/preserve_epas_right_to_regulate/

I agree: the EPA must retain its ability to regulate greenhouse gases, something quite patent from the Clear Air Act.

6. Urban Horticulture: http://www.boston.com/bostonglobe/ideas/articles/2010/05/23/this_is_not_a_weed/

A useful and insightful perspective. Many commonly-assumed weeds serve important roles in urban ecosystems. Horticulturalists and botanists should study them for beneficial effects, and I hope, the public will catch up.

7. Monarchy and Democracy: http://www.boston.com/bostonglobe/ideas/articles/2010/05/23/saved_by_the_crown/

I'm unconvinced, and still baffled: what substantive benefits do monarchies offer democracies? It seems to me that royal powers are largely ceremonial and only appear to have effect because elected leaders permit them.

8. Terry Francona: http://www.boston.com/bostonglobe/magazine/articles/2010/05/23/the_calmest_man_in_the_clubhouse/

Much bravo to Terry Francona, whose job is as hard as Barack Obama's (ok, maybe a bit less exaggerated). I never knew he coached Michael Jordan in the 1990s!

9. Mt. Auburn Cemetery: http://www.boston.com/bostonglobe/magazine/articles/2010/05/23/done_deal/

I visited Mt. Auburn in summer of 2007, and still hope to revisit. I recommend anyone in Boston for a while to stop by and enjoy walking through its history.

10. Islam and West Relations: http://www.boston.com/ae/books/articles/2010/05/23/my_anticommunist_friend_my_islamic_enemy/

A sound and convincing argument (including support for the ancient axiom). The West is just starting to realize the effects of their previous political alliances with many Islamic militants.

Elena Kagan may well disappoint liberals

More than a week after the announcement of Elena Kagan as an Associate Justice, the nation is still debating and searching for clues about her judicial philosophy. Truth is, there are few such clues. If a page of history is worth a volume of logic (O.W. Holmes), then Kagan belies the rule. Her long and distinguished legal career reveals little about her legal mind. Unsurprisingly, many have focused on her personal life and tenure as dean of Harvard Law School. Some conservatives are taking delight at examining on her sexual life and questioning her stance against military recruiters at Harvard. Liberals generally are more diligent in asking whether she will truly serving the left as a Justice. I believe they likely will be disappointed.

Contrasting Kagan with her outgoing predecessor, the venerable John Paul Stevens, I find the former a consensus builder whereas the latter a greater dissenter. Stevens has led the left wing of the Supreme Court through a mixture of intellect, experience and will. Often, he has written forceful dissents against conservative opinions such as Heller and Citizens United. While he has tried to marshal other Justices to his views and build consensus with the right wing, Stevens nonetheless is apt to dissent when necessary. On the other hand, Kagan is a foremost consensus builder on a divided and conservative-leaning Court. Her academic hirings at Harvard and term as Solicitor General demonstrate her willingness to reach across boundaries, but will she continue to do so when it gets tough in the Supreme Court and the right wing refuses to budge? Will she command the respect that Stevens does, even years into her tenure? I do not see it happening as much. She may well, in building consensus, concur or reluctantly agree with the conservative Justices.

All that may be moot if Kagan turns out not liberal-leaning at all. I can infer little about her judicial leanings from her previous legal work. Her support for gay rights such as same-sex marriage is the most salient liberal bend, and many will expect her to uphold such rights as a Justice. On the other hand, she has supported strong executive power including warrantless wiretaps and holding enemy combatants without charge. Finally, Kagan preaches judicial restraint and non-activism. That news is a mixed blessing: she will defer to the political branches on constitutional questions regarding health care reform and financial regulation (good for liberals) but will also hesitate to use the courts to advance substantive rights. Overall, I see Kagan as a centrist instead of a liberal. Of course, any new Supreme Court Justice may swing either way and we won't know until a few years out, but given Kagan's consensus leanings and scanty judicial philosophy, liberals should not get too excited.

Today's Boston Globe articles

1. Arizona Immigration Law: http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/05/16/to_protest_ariz_law_baseball_should_move_all_star_game/

A commendable option by MLB against an unpopular law. Removing the All Star Game will have a greater impact on the state and its economy than any other single boycott.

2. Schools and Religion: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/05/16/liberal_grit_in_the_fight_for_school_choice/

I agree: supporting vouchers is the right position, and their effect in fostering religion is at most incidental. The Supreme Court ruled correctly in Zelman.

3. Kagan Nomination: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/05/16/the_effort_to_out_kagan/

Yes, let's forget about whether Kagan is possibly a homosexual. It's more important, and certainly a hefty task, figuring out her judicial philosophy.

4. Business Ethics: http://www.boston.com/bostonglobe/ideas/articles/2010/05/16/executive_honor/

Business managers need to realize that they need to balance competing interests, and profit should not be the only end. This oath may be helpful and should be tried in more business schools.

Tory-Lib Dem Coalition - Unified Policy, Disunited Politics

The new British government with David Cameron as PM and Nick Clegg as deputy promises to revolutionize many aspects of British policy. Starting with the economy, the coalition will start immediate budget cuts to reduce Britain's bloated deficit. It certainly is laudable, although the substantial cuts may dent Britain's fragile recovery. The proposed banking and tax proposals underscored the areas where the two parties agree. On immigration and relations with Europe, the Tories won and will implement stronger controls and more distancing from the EU. On the other hand, the Lib Dems won concessions on education and political reform. Clegg, in fact, will be heading efforts for constitutional reform. Overall, I think both parties got much from compromising on the new government's policy. I had expected the policy disagreements to last much longer.

Nonetheless, the new government remains politically brittle. Many Conservatives remain unhappy with Cameron's election campaign and some of the compromises he had to give to the Liberal Democrats. Likewise, Clegg faces some discontent among his supporters, many of whom find an alliance with the Tories unsavoury. New rules are in place to keep the coalition together through potential political crises but I have many doubts on how long it will last. Five years, supposedly but could well be fewer. Lest we forget, Labour will form a vocal and still strong opposition with both Houses. Maybe the ghost of Gordon Brown will still have its comeuppance.

Today's Boston Globe articles

1. Greek Debt Crisis: http://www.boston.com/news/nation/articles/2010/05/09/greek_economic_crisis_brings_pangs_of_worry_around_world/

This crisis is serious, and can threaten the global economic recovery. Let's hope that Europe reacts fast, and do hold political reservations.

2. British Election: http://www.boston.com/news/world/europe/articles/2010/05/09/coalition_talks_resume_in_britain/

A coalition will be long in the making: the Lib Dems and Tories have too many differences and points of disagreement. But somehow they need to work something out.

3. Cell Phone Traffic Law: http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/05/09/massachusetts_should_ban_all_cellphone_use_while_driving/

I agree - cell phone use while driving should be banned regardless of age, and enforced.

4. Arizona Immigration Law: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/05/09/law_and_disorder/

Generally I agree with the author and oppose the bill. But anti-immigration advocates are right in opposing immigrants who come into America through illegal means, not because they are illegal human beings. With the uncertainty over jobs and domestic industries, immigration is a rightful issue.

5. Water Crisis: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/05/08/7_things_the_water_crisis_taught_me/

Save water everyone. Let's not wait until water crises to conserve.

6. Private Education: http://www.boston.com/bostonglobe/ideas/articles/2010/05/09/class_difference/

A delightful idea but I wonder how they raise enough funds on such low prices. It seems this model depends much on government and entrepreneurial funding, which controls the strings.

7. Bicycling Traffic Law: http://www.boston.com/bostonglobe/magazine/articles/2010/05/09/what_cyclists_neglect/

I agree: all road users must exercise due care. Cyclists reasonably should know the dangers from cars and the dangers bicyclists pose to others too. They cannot be excused just because they are smaller than automobiles.

British election should be an easy call

Tomorrow, Britons will vote for a new government. By all accounts, the Tories will return to power after more than a decade of Labour. This election is easier to call than the U.S. election in 2008. Similarities are overwhelming: an unpopular incumbent/party, an economy in the doldrums, calls for change or new directions in domestic and foreign policy. Gordon Brown will not because almost nobody likes him, and everyone sees him as an ineffective leader. Nick Clegg, the Liberal Democrat, has made this election interesting and may cause some swing or surprise results. Nonetheless, Cameron has had a steady campaign with a palatable platform that addresses Britons' key worries: the economy and jobs. Some claim that Liberal Democrats and Labour votes will team up just to deprive the Conservatives of victory, but I do not see it happening. The only question is how big (or small) of a parliamentary majority the Tories will enjoy after the election.

Britons rightfully demand more from Parliament, especially after years of corruption among many MPs. A hung parliament, where no party enjoys a sizable majority, is a distinct possibility. I think it might be a good thing. A hung parliament may encourage parties to compromise and will put more pressure and accountability on individual MPs. Britain, like America in 2008, seriously needs change and reform in the economy, NHS and relations with Europe. I do not find the Conservatives' platform too enticing, nor do I find it unwholesome. What Britain needs is a government committed to tackling its many problems and fostering long term economic growth. The Conservatives look like a good bet. We'll see how they turn out in five years.

Today's Boston Globe articles

1. Arizona Immigration Law: http://www.boston.com/news/nation/articles/2010/05/02/ariz_immigration_law_spurs_protesters/

I join the protesters in opposing the bill, which is arbitrary and capricious, and unfair. It will be struck down as unconstitutional, if not repealed sooner.

2. Offshore Drilling Disaster: http://www.boston.com/news/science/articles/2010/05/02/climate_bill_caught_in_fallout/

I oppose expanded offshore drilling, especially with inadequate safety regulations and oversight from OSHA and other agencies. The benefits do not justify the enormous costs from oil spill accidents.

3. First Amendment Rights: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/05/02/signing_on_the_line_is_a_public_act/

I disagree: freedom of speech includes the freedom to be silent. Organizations and individuals should have the right to voice their support for certain issues and propositions anonymously.

4. Social Communication: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/05/02/when_youre_only_text_friends/

Yes, guys. Let's chat face to face. Enough with the endless txts.

5. History of Islam: http://www.boston.com/bostonglobe/ideas/articles/2010/05/02/islams_beginnings/

I would like to read this book. Historical evidence does support the ecumenical nature of Islam and the other monotheistic religions. Maybe from history they can mend their current differences.

6. New England States: http://www.boston.com/bostonglobe/ideas/articles/2010/05/02/altered_states/

A fun read. I still wonder whether Massachusetts's shape is some pre-ordained abstract art.

7. Entrepreneurship Education:  http://www.boston.com/bostonglobe/magazine/articles/2010/05/02/me_inc/

Very true. Entrepreneurship is a crucial skill for all fields, and something to be encouraged in high school and college. Selling lemonade even makes a good start, especially today.

Why financial regulation reform is needed, but won't happen

Debate will finally begin on the Senate floor on financial regulation reform. It's about time. The market crash in 2008 showed all of us, lay and professional alike, the weaknesses of the existing financial system and need for reform. True, some regulations have since been adopted, or strengthened. But a more extensive overhaul is necessary in order to address enormous issues with bailouts, corporate loopholes and banking regulations. The current inquest into Goldman Sachs is a mere remedy for past wrongs, but proves nothing to prevent similar excesses in the future. I believe that Republicans have some solutions that can work, even within a package of Democratic proposals. It's about time the Republican senators ended their defiance and at least allow debate to begin.

Nonetheless, I do not see passage of a major bill in the near future. Financial regulations overhaul is a tricky endeavor. The last time a bold bill passed was amid the Great Depression. Nowadays, with signs of a tentative recovery already in place, there will be more reluctance to take drastic measures. Additionally, big companies lobbyists still hold tremendous power in Washington. Rather than being ridiculed for their faults and errors, they are relied upon to get America back on track (somewhat true, although small businesses are the key). I believe they will be able to twist arms and sweat out enough politicians to get a bill to their liking. Unfortunately, it will be weak and not much of financial overhaul at all.

Today's Boston Globe articles

1. Climate Change Legislation: http://www.boston.com/news/nation/washington/articles/2010/04/25/climate_consensus_collapses_in_senate/

This is a troubling sign. Climate change should deserve greater attention than immigration reform (although both are important!). But I think that crux is not Senator Graham's only reason.

2. Medicare Law: http://www.boston.com/business/healthcare/articles/2010/04/25/the_times_and_trials_of_dr_ahmed/

This case presents another type of law versus ethics dilemma. I would side with the government since a doctor's concern for his patients does not justify defrauding the government. The doctor's financial windfall also sets him liable.

3. Immigration Law: http://www.boston.com/news/local/massachusetts/articles/2010/04/25/arizona_immigration_law_draws_praise_outrage_in_boston/

The Arizona code is unusually strict and maybe unconstitutional. What is reasonable suspicion? Will stop and frisk really be racially neutral? Why should a warrant not issue before arrest?

4. Scientific Geography: http://www.boston.com/news/science/articles/2010/04/25/new_atlas_shows_the_state_of_nature_as_well_as_the_nature_of_states/

A project like this is overdue. Mapping ecosystems and cataloging species will be helpful for scientific study and preservation efforts.

5. British Election: http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/04/25/british_debaters_youre_no_jack_kennedy/

They are not becoming American: they are adopting an innovative election mode that happens to be popularized in America. Doesn't matter, TV debates or no, G. Brown is finished.

6. Freedom and Technology: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/04/25/despite_forecasts_freedom_takes_more_than_technology/

I agree: technology merely facilitates the pursuit of freedom. It can also help to oppress. Freedom depends on how individual citizens harness the technology.

7. Religious Pluralism: http://www.boston.com/bostonglobe/ideas/articles/2010/04/25/separate_truths/

I partly agree: what all religions share is a common ethical goal that encompasses leading good lives and fostering goodness among others and our world. Religions nonetheless are different in themselves and should not treated as a mere melting pot.

8. Education Curriculum: http://www.boston.com/bostonglobe/ideas/articles/2010/04/25/learn_this_america/

Ha! Those provincial people on the Texas school board should read this. Although by their standards and knowledge, they likely won't get what it's about.

9. Massachusetts Politics: http://www.boston.com/bostonglobe/magazine/articles/2010/04/25/not_red_yet/

I agree: Scott Brown's win was an aberration. It is unlikely that the state will become red in the near future. Republican and Tea Party surges in the Bay State are creditable, but still too scanty to drive down the Democrats.

10. Faith and Rationalism: http://www.boston.com/ae/books/articles/2010/04/25/blinded_by_parascience/

The so-called "parascience" seems unfounded. I doubt that scientists like Freud would consciously exclude alternative explanations of faith and mind from their work. Plus, their scientific methods and rationales are too different to classify under an umbrella like parascience.

A tottering Europe and nature's externalities

The effects of last week's Icelandic volcano are still being felt across Europe. And I'm not (merely) talking about bummed Barcelona players arriving home from defeat at Inter de Milan. Airlines and travellers across the continent and beyond are primarily affected. Many travellers are complaining of airline practices and seeking damages for refusing to pay their stranded passengers' bills. Outside though, in the business community mother nature's effects are heavily felt in lost production and capital. Economists are predicting major losses in the GDP of recovering economies, although I am sceptical of their gross exaggerations. Nonetheless, the volcanic event demonstrated nature's strong, and increasingly, role in world economies. Nature itself is not traditionally considered an actor, certainly not a "rational" one, but it does have legal recognition (e.g. fault doctrine for 'acts of God') and will necessitate preventive actions among nation states.

Meanwhile, Europe's economy is still fragile. Despite the bailout to Greece, the euro faces uncertain prospects from competition with other currencies. In real economic growth, forecasts for the UK, France and other nations are dim with nominal growth in 2010. I think the volcanic eruption and its ensuing economic effects demonstrate how unsteady the European financial and economic systems are. Slight shocks to the system - such as a natural event - have strong repercussions. The continent lacks a coordinated air safety and security mechanism to deal uniformly with such disasters. Tackling the broader economic issues remains a larger task.

Today's Boston Globe articles

1. Airline Economics: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/04/18/airline_carry_on_fee_wheres_the_free_market_spirit/

I agree: the airlines have a legitimate interest in charging for the business expense. Unless the amount gets unconscionable, the federal administrators should look elsewhere for problems.

2. Innovation and Imitation: http://www.boston.com/bostonglobe/ideas/articles/2010/04/18/the_imitation_economy/

Innovation should still trump imitation, in business and in life. Sure, imitation is essential in a mass market economy, but innovation will drive economic growth and human progress.

3. American History: http://www.boston.com/bostonglobe/ideas/articles/2010/04/18/the_charge_is_murder/

I disagree: the facts are too nebulous and scanty to satisfy the legal elements of murder. Involuntary (or even voluntary reckless) manslaughter seem more appropriate, and the solders' trial applied the law correctly in light of the facts.

4. History (books): I'm interested in reading this book, and looking at America through the observer Tocqueville. Though seeing America then and America now may well render me a cynic.

Today's Boston Globe articles

1. Polish Plane Accident: http://www.boston.com/news/world/europe/articles/2010/04/11/the_flower_of_our_nation_has____perished/

All my thoughts and prayers.

2. Supreme Court Nomination: http://www.boston.com/news/nation/washington/articles/2010/04/11/gop_wary_of_waging_fierce_fight_over_supreme_court_choice/

I don't think the nomination battle will be a major or thorny issue at all, especially with legislation pending. Nonetheless, if Obama picks a prospective Justice too far left, he will encounter significant resistance.

3. Academics in China: http://www.boston.com/news/world/asia/articles/2010/04/11/in_china_academic_cheating_is_rampant/

China faces the persistent issue of authenticity, which will hamper future intellectual progress and stems from its pervasive corruption and lack of respect for open, truthful interchange of ideas.

4. Israel Policy: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/04/11/support_for_israel_runs_on_party_lines/

I agree: Republicans are doubtless more pro-Israel; even so, the Israel foreign policy question is among the few that can enjoy bipartisan support.

5. Environmentalism and Farming: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/04/11/green_thumbs/

I somewhat agree: organic farming isn't as environmentally savvy as it seems to be. But I am unconvinced that GE crops are conclusively more environmentally friendly; organic crops do have benefits of their own.

6. Computer Security: http://www.boston.com/bostonglobe/ideas/articles/2010/04/11/please_do_not_change_your_password/

Good advice, and solid analysis. Time is a cost input (hassle is the output) than neutralizes many gains of changing passwords so often. Routine automatic security devices such as antivirus protection are more useful.

7. History of Slavery: http://www.boston.com/bostonglobe/ideas/articles/2010/04/11/when_boston_awoke/

Too much emphasis is placed on this one incident: the Fugitive Slave Act in the Compromise of 1850 was the actual cause that motivated many northerners to take an active stance against slavery. Nonetheless, credit must be given to Boston as the cradle of abolitionism, a bright spot in the city's overall negative history with race.

8. British English: http://www.boston.com/bostonglobe/ideas/articles/2010/04/11/brit_is_it/

I agree: enough already, there is nothing wrong with Britishisms. The English language grows by sharing and mixing regional idioms. Time for my tea and biscuits.

Still disbelieving climate change?

I am no scientist, but I am reasonable enough to accept wholeheartedly that climate change exists and is serious. Recent events should convince anyone that global warming and its related effects are affecting our everyday lives. For instance, today's temperature in New York is not just hot; it is unusually so. Our office had to turn on the air conditioning, and I skipped going out for lunch because of the warm weather. Such temperatures in the upper 80s F should not happen in early April. Disbelievers point to the abnormally cold temperatures this past winter, but the truth is: it is not one exceedingly cold or hot period that matters, but the intensity of cold or hot weather. The fact that more extreme temperatures exist - the bitter cold in December 2009 and the excessive warmth in late March and early April - should be the telling evidence.

Furthermore, 2010 saw an increasing number of natural disasters, notably the Haiti earthquake and others in Chile, Baja California and Sumatra. One should not dismiss them as random events in disaster-prone regions. Earthquakes, like all natural processes, have underlying causes (here, mainly tectonic plate movements). But human influences - such as nitrification, global warming, and land misuse - have trickle effects that may affect the presence of earthquakes and other natural disasters. I am not versed enough in earth science to offer concrete examples, but knowing how the earth's processes influence one another and ecosystems large and remote, the human link is significant.

The public and politicians need to realize how serious climate change and environmental issues are. These phenomena have inimical effects for everyone, individuals and nation-states. Moreover, our posterity will be the ones to clean up the mess. By then, it might be too late. April's edition of the Scientific American lists global warming, biodiversity loss and nitrogen abuse as the three environmental issues that have exceeded viable capacities. Other problems such as freshwater use and land management are approaching perilous levels. We must act now to not only control the status quo, but also reverse many of the damaging effects of human economic activities. Sacrifices will need to be made, but better sacrifice some now rather than mortgage our future and that of later generations.

Today's Boston Globe articles

1. Health Care: http://www.boston.com/news/health/articles/2010/04/04/short_term_customers_boosting_health_costs/

This is a problem, and contributes to driving up costs. Regulators should include rules that make it difficult to acquire insurance only for brief catastrophic losses.

2. Public Discourse: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/04/04/too_much_expletive_vulgarity/

I agree - many of the expletives, including the f- word, are unsuitable for public discourse, especially by those we hold to be of high esteem. Better manners in speech should be expected of us all.

3. Easter: http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/04/04/a_feast_across_many_divides/

A good observation, but the secular and commercial aspects of the holiday, e.g. the Easter bunny, are the actual drivers across the divide.

4. Popular Culture: http://www.boston.com/ae/tv/articles/2010/04/04/comebacks_are_a_plotline_and_a_lifeline_of_pop_culture_these_days/

I guess we are used to giving one another second chances to remedy wrongs. It's part of our nature. We would hold the same for celebrities, however heinous their lack of judgment.

5. Anti-corruption: http://www.boston.com/bostonglobe/ideas/articles/2010/04/04/bribe_fighter/

I still do not see how this works, although empirically it seems sound. Handing a venal official a "zero rupee note" hardly seems to be a financial incentive or legal sanction that influences major behavioral change.

6. Anti-obesity: http://www.boston.com/bostonglobe/magazine/articles/2010/04/04/getting_chefs_to_pass_up_the_salt/

Yes! Financial incentives, not legal sanctions or voluntary participation. That goes for health care alignment too.

2010 Baseball & Red Sox Preview

Another season starts this Sunday night, and it brings expectations for fans of all 30 teams. As a Red Sox fan, I am hopeful of great things for this season, even though I likely will be able to catch only a few games live this year (last year's total was 1). Nonetheless, I admit that other matters - such as work and school - are more on my mind right now, and my enthusiasm for following baseball is more tepid than two or three years ago. But here goes my rambles on the team, minus the customary erroneous predictions:

Starting pitching: undoubtedly the strength of the team, with three aces and loaded even at the back; question is, can they stay healthy for the long haul of the season?

Bullpen: some issues, but overall a strong group with good setup options; question is, will the lack of a viable lefty hurt, esp. against the Yankees?

Offense: the biggest weakness, with many spots in the order in flux, and newcomers who are not proven run producers; question is, can Ortiz still produce?

Defense: also a major strength, with improvements at short, in center, and third; question is, will shortstop finally be a stable position?

The Competition: Yankees are still the favorites, and have made upgrades but they also face questions of age from their regulars and kids in the bullpen and rotation (the Joba/Hughes issue); Rays will also be in it, and have many talented players in bloom; the division will be a tough one, maybe 93 wins can take it?

I won't offer any predictions (because they always backfire), but seeing the headlines, it seems that the Phillies and Mariners have garnered the most attention this offseason. The Phillies will be good - esp. with Doc Halladay on top - but the Mariners still have yet to convince me. The division is for their taking and they should finally produce. Otherwise, the field is open in every division and league. Let's hope the races go down to the wire and produce more compelling September and October than last year's.

Today's Boston Globe articles

1. College Costs: http://www.boston.com/news/education/higher/articles/2010/03/28/fifty_thousand_dollars/

Tuition rises will pose serious problems for many, and the federal government and families need to allocate money and plan for college costs. I still think that colleges should try more to rein in costs themselves.

2. Legal Profession: http://www.boston.com/news/local/articles/2010/03/28/when_economy_falters_bankruptcy_lawyers_and_courses_prosper/

The legal profession follows the economy: bankruptcy law will continue to be good even in prosperous times.

3. Business in China: http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/03/28/googles_brave_stand_on_china/

Google's stance is brave, but also calculated. Depending on how the rerouting strategy through Hong Kong works, Google risks a large surplus of capital or political headache.

4. Arms Control: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/03/28/pass_the_arms_treaty/

I agree with Kerry - the Senates should ratify the treaty. Its benefits for arms control and diplomacy are many, and should strengthen existing nuclear control regimes.

5. Koran: http://www.boston.com/bostonglobe/ideas/articles/2010/03/28/the_origins_of_a_holy_book/

This study is noteworthy, and ought to be encouraged. Nonetheless, given traditional Muslim sensitivities, research should be limited to academia.

6. Human Anatomy: http://www.boston.com/bostonglobe/ideas/articles/2010/03/28/our_microbes_ourselves/

Yes, it's time to embrace the microbes and appreciate the complex ecosystem that is the human body. No need to wipe off all the "biological residue" from the keyboard each time.

7. Separation of Powers (book): http://www.boston.com/ae/books/articles/2010/03/28/rebalancing_act/

I am looking forward to reading this book: the similarities between then and now are eerily similar. Let's hope the Court do not become a hindrance to significant social and economic legislation necessary for our times.

Health Reform on Primary Care, Its Constitutionality

After 45 years, finally, significant health care legislation has become law. The law overall will improve American health care, and serve its purposes in improving access and lowering total costs (albeit more limited). I will discuss two aspects of health care reform: first, the law's impact on primary care and PC physicians; second, the law's constitutionality amid potential legal challenges.

The law will alleviate the shortage of primary care physicians, but will have negligible impact on the primary care system. The increased enrollment in health insurance will lead to greater demand for primary care, especially from new Medicaid patients. Furthermore, the government is adding incentives to medical school graduates to go into primary care, and existing physicians or medical entrepreneurs to do so. Thus, more primary care physicians will be part of the U.S. health care workforce, something urgently needed. On the other hand, existing financing mechanisms for primary care and the role of primary care in the provider and payer systems remain unchanged. Without reform from within, such as stronger gatekeeper models, greater care coordination, and chronic disease management, primary care will not undergo needed change as a whole. Perhaps the influx of physicians, increase in demand, and insurance reforms will have long-term beneficial effects on primary care, but much change will have to come from within.

Suits have already been filed alleging the unconstitutionality of the law, but the courts are highly unlikely to strike it down. The most contentious provision is the federal mandate on purchasing health insurance, something heretofore unknown in American law. The Supreme Court may grant certiorari, but will uphold the provisions for two main reasons. First, the Commerce Clause grants Congress much power and leeway to regulate economic activity that has even a slight nexus to "interstate commerce". Health insurance, along with its broad externalities, certainly falls under that umbrella. Second, the courts have given strong deference to legislative actions and policy, especially in the social and economic realms. The courts know they are limited in expertise in such broad areas, and lack the popular mandate found in the other branches. I think opponents may have a strong argument, especially using the due process clause and Tenth Amendment, but not enough for a winning one.

Today's Boston Globe articles

1. Health Care Reform: http://www.boston.com/business/healthcare/articles/2010/03/20/a_look_at_the_health_care_overhaul_bill/

It looks as if it will pass - at 6:53pm EDT unknown - but altogether the provisions are necessary and good for the nation, esp. in broadening access and (probably) controlling costs.

2. Campaign Finance Law: http://www.boston.com/news/nation/washington/articles/2010/03/21/high_court_ruling_leaves_states_scrambling_to_close_gaps_on_spending_limits/

Once again, the Supreme Court refuses to follow precedent and makes a momentous decision despite legislative opposition. The states rightly are the first to grapple with how to restrict campaign financing from corporations and unions while not infringing upon the First Amendment.

3. International Innovation: http://www.boston.com/news/world/africa/articles/2010/03/21/retired_brandeis_professor_brings_clean_power_to_african_villages/

This idea seems viable. Certainly, it will help many villages, especially in terms of literacy and self-sufficiency. The major question is whether many villagers are willing to discard traditional beliefs and practices.

4. Vaccination: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/03/21/lifesaving_safe_vaccines/

Finally, the controversy over autism and vaccines is resolved. Vaccines are necessary, but it remains a public health goal to promote them and their usage.

5. American & Haitian History: http://www.boston.com/bostonglobe/ideas/articles/2010/03/21/how_haiti_saved_america/

A bold and insightful hypothesis, which merits credit. Nonetheless, the author perhaps oversteps by stating how Saint Dominique's (then Haiti's) economy and security drove the French to ally with the Americans. Economics certainly played a large role (if not the most important) in the American Revolution, but Haiti figured little besides acting as a bastion for the French support.

6. Criminal Justice: http://www.boston.com/bostonglobe/ideas/articles/2010/03/21/swift_and_sure/

Finally! The major reason why criminal justice is so dysfunctional is the timing and uncertainty - a long legal process and the chance to go free and unsupervised undermine the success of controlling criminals.

7. Manners of Address: http://www.boston.com/bostonglobe/ideas/articles/2010/03/21/hey_guys/

Seriously, dudes. Ha! What an entertaining and knowledgeable read, for guys and...

8. Fairy Tales: http://www.boston.com/bostonglobe/ideas/articles/2010/03/21/the_dark_forest_of_childhood/

Must fairy tales all be frightening and moralistic, that seek to inculcate the darkness of the world and the need to rely on parents and their values? Sometimes, they are necessary but children and teens are more complicated today, and need fairy tales to suit their personal needs to play and connect with one another.

9. Recycling and Composting: http://www.boston.com/bostonglobe/magazine/articles/2010/03/21/the_case_for_mandatory_composting/

Like recycling, composting can work, even through mandates. Unfortunately, the public isn't well-educated about the benefits and how-to of composting.

10. Race (book): http://www.boston.com/ae/books/articles/2010/03/21/the_race_is_on/

Race will continue to be a part of American life, despite its illogical and discriminatory purposes. Studying the "white" people and how they classified themselves illustrates much about them and how American treats the topic of race.

11. Government Policy: http://www.boston.com/ae/books/articles/2010/03/21/pursuit_of_happiness/

Governments need to make tough choices - like health care - and some constituent(s) will nonetheless end up unhappy. To promulgate the wide range of ideas without examining the details will be lacking in judgment in chasing the illusion of "happiness".

Yea or Nay on Health Care

How will health care pan out? This week will surely supply the answer as the House Democrats (no Republicans, essentially) debate on the Senate bill. They are looking for every possible means to expedite the passage and ensure they have a majority when voting comes. I believe that the Senate bill is a flawed bill, but still doable and ought to be passed. The question is whether the Democrats have the political acumen to get it through to President Obama's desk.

Several caveats will play into the final result. First, the old notion of states' rights has reappeared with increasing importance. Idaho just passed a law stalling health care reform in that state. Other states have threatened the same. Even if done inconspicuously, states and anti-federal lobbyists wield influence since state representatives, after all, compose Congress. Second, grassroots movements are having an effect. They are calling representatives' offices incessantly in support of (or in opposition to) the bill. Many rallies are scheduled here in the New York area. Finally, the Congressional Budget Office's final assessment of the total costs will also be important. Many senators are reluctant to support the bill because of potential costs. A favorable estimate from the neutral body will help spur passage, even more than any political-process concoctions the Democrats may conceive.

We will know in one week the future of health care reform. Much of it depends on political acumen, some on grassroots efforts, but most will come down to will. Can the Democrats will themselves through this difficult task and complete the journey? Their political livelihoods and our personal livelihoods both depend on it.

***
Just a side note: think Jose Mourinho isn't tasting the sweetness of revenge after his Inter knocked his former employers Chelsea out of the Champions League? Say it isn't so - it was deserved and Jose must be enjoying it inside. Chelsea and its fans are wondering what might have been.

Today's Boston Globe articles

1. Recycling: http://www.boston.com/lifestyle/green/articles/2010/03/14/despite_environmentalists_pleas_massachusetts_recycling_rate_stalls/

This is disturbing, especially in a region that supposedly prides itself on environmental awareness. A good solution would be to tax trash collectibles (minimally) while crediting recycled collectibles.

2. Medical Training: http://www.boston.com/news/local/massachusetts/articles/2010/03/14/mgh_residents_cut_back_hours_but_with_mixed_feelings/

A good step, finally for medical residents. The effects of working more than 80 hours per week greatly harm patients and residents on the long run. Safety should be first.

3. Singers: http://www.boston.com/news/local/massachusetts/articles/2010/03/14/scorned_by_new_york_tenor_regains_a_voice/

The Yankees and other New Yorkers who scorned Tynan clearly overreacted. A reasonable person would not be taken that much affront to the remarks, especially when the singer apologized.

4. Judicial Process: http://www.boston.com/news/nation/articles/2010/03/14/courts_say_jurors_pdas_shouldnt_mix/

Finally, no more bugging electronic distractions in the courtroom. Juries are supposed to rely only on evidence and testimony at trial, not outside information. The right of the parties to a fair trial is paramount.

5. Gender Balance: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/03/14/100_million_missing_girls/

The Economist is right: this is a serious issue that developing countries, including China and India need to realize. Those traditions favoring boys are laughable in the 21st century, and cruel in fact. Governments need to act to forestall this - such as through tax credits for baby girls - or else the social consequences will be serious.

6. Documentaries: http://www.boston.com/ae/tv/articles/2010/03/14/greatness_from_one_generation_to_another/

I agree with the new look of the Greatest Generation and Baby Boomers. The Great Depression and World War II were thrust upon the former: would they really be the "Greatest" had those events not happened? On the other hand, the Baby Boomers played a significant and active role in the cultural revolutions of the 60s.

7. Art Economy: http://www.boston.com/bostonglobe/ideas/articles/2010/03/14/how_to_start_an_art_revolution/

A bold yet innovative proposal that Boston and its universities should look at. The creative and intellectual spirit is there; so is the demand. Art enables a city to flourish, and should be pursued strongly.

8. History (Book): http://www.boston.com/ae/books/articles/2010/03/14/revolutionary_road/

The review leaves me questioning: is the book more of a biography or social commentary? I think it would be worthwhile if the author examined how an American woman dealt with the realities and prejudices of Napoleonic Europe. Tying two histories will make the book an insightful read.

9. History (Book): http://www.boston.com/ae/books/articles/2010/03/14/date_with_destiny/

A tantalizing book and important part of history. Dien Bien Phu was significant in American and world history, especially how it influences the way the Cold War played out, diplomatically and militarily.