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.
Wednesday 31 March 2010
Sunday 28 March 2010
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.
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.
Wednesday 24 March 2010
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.
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.
Sunday 21 March 2010
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".
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".
Wednesday 17 March 2010
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.
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.
Sunday 14 March 2010
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.
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.
Wednesday 10 March 2010
Sick, old men of Europe
Manchester United 4-0 AC Milan (agg 7-2)
Real Madrid 1-1 Lyon (agg 1-2)
So, the two most successful clubs in Europe (in terms of total European Cups won, 16 combined) are dumped out today. AC Milan was clobbered by Man U at Old Trafford, and more surprisingly, Real Madrid knocked out when they could only draw 1-1 at home. Whatever their grandeur, these clubs are sick; they are old; they are unsuited for the elite of the European club game.
AC Milan came in with little expectation after losing the first leg at home. However, in that game, they were at least competitive and gave Man U a good game. In today's match, they were simply horrible. A makeshift defence contained Ronaldinho, and more worrisome in the long term, the back four just could not keep up with Wayne Rooney and the Man U strikers. The whole team is old, and desperately needs rejuvenation. It was nice to see David Beckham get a rousing ovation from the home crowd, and he did show some skills. But all in all, AC Milan were horrible and just look plain old. Soon they'll be eligible for Medicare.
More surprising is Real Madrid's draw, which eliminated them on aggregate since Lyon won in the first leg. Once again, for six years running, they were knocked out in the last 16. For a club that spent over $400m, it is an embarrassment of riches, especially since the final will be played in their home stadium in May. Their loss was surprisingly since they were heavily favoured. Once again, the midfield and attack, so prolific in La Liga, just could not measure up to European competition. The defence, long a weakness, crumbled by conceding a fatal equalizer. Something sick is going on at Real Madrid, which nobody - the team, management, the media, or people like me - can figure out. On the plus side, maybe it feels right that excess spending leads to no results.
Real Madrid 1-1 Lyon (agg 1-2)
So, the two most successful clubs in Europe (in terms of total European Cups won, 16 combined) are dumped out today. AC Milan was clobbered by Man U at Old Trafford, and more surprisingly, Real Madrid knocked out when they could only draw 1-1 at home. Whatever their grandeur, these clubs are sick; they are old; they are unsuited for the elite of the European club game.
AC Milan came in with little expectation after losing the first leg at home. However, in that game, they were at least competitive and gave Man U a good game. In today's match, they were simply horrible. A makeshift defence contained Ronaldinho, and more worrisome in the long term, the back four just could not keep up with Wayne Rooney and the Man U strikers. The whole team is old, and desperately needs rejuvenation. It was nice to see David Beckham get a rousing ovation from the home crowd, and he did show some skills. But all in all, AC Milan were horrible and just look plain old. Soon they'll be eligible for Medicare.
More surprising is Real Madrid's draw, which eliminated them on aggregate since Lyon won in the first leg. Once again, for six years running, they were knocked out in the last 16. For a club that spent over $400m, it is an embarrassment of riches, especially since the final will be played in their home stadium in May. Their loss was surprisingly since they were heavily favoured. Once again, the midfield and attack, so prolific in La Liga, just could not measure up to European competition. The defence, long a weakness, crumbled by conceding a fatal equalizer. Something sick is going on at Real Madrid, which nobody - the team, management, the media, or people like me - can figure out. On the plus side, maybe it feels right that excess spending leads to no results.
Sunday 7 March 2010
Shakespeare in two acts
On my trip to Minnesota, I saw two theatrical performances: first, a professional rendering of Macbeth at Guthrie Theater, and second, a law students' rendering of A Midsemester Night's Dream. Both performances were highly acclaimed and done very well. I especially applaud how the directors and performers arranged Shakespeare's classic works for modern settings. In the former, the dark settings and usage of modern props (e.g. guns) brings the audience closer to the history. But the timeless message that power corrupts remains. Likewise, in the latter, the almost complete overhaul of the traditional story in favor of a law school's tales helps bring laughs to the audience members, many of whom lived or will live the same thing. The comedic effect is still highly entertaining. Much props to the performers and performances!
http://www.guthrietheater.org/whats_happening/shows/2009/macbeth
http://www.tc.umn.edu/~tort/
http://www.guthrietheater.org/whats_happening/shows/2009/macbeth
http://www.tc.umn.edu/~tort/
Wednesday 3 March 2010
Supreme Court must affirm in McDonald v Chicago
Yesterday, the Supreme Court heard the oral arguments in McDonald v. Chicago, a case where the appellants are challenging Chicago's strict gun control laws as unconstitutional. They base their arguments on the Second Amendment, which putatively protects "a right to bear arms". This case follows the Court's June 2008 ruling which established an individual right to own guns, but only applicable to the federal government. The current case, if ruled similarly, will enjoin states from passing many strict gun controls, including those that flat out prohibit them in private homes.
I strongly believe that the Supreme Court must uphold the Chicago statute in question. First, all states have a sovereign "police power" to establish laws concerning public safety, health and morals. The courts have protected the states' police powers, and often enjoin the federal government from stepping in. Gun control laws are doubtless among a state's legitimate exercise of police power. It should be up to individual states and their elected officials to determine the rigidity (or looseness) of their individual gun laws, not for a non-elected Court. Striking down Chicago's law will be a direct infringement of a state's police power.
Second, the Court's reasoning behind any ruling may be more important than the ruling itself. If it strikes down the law, it would invite questions about substantive due process and the Privileges and Immunities Clause of the Fourteenth Amendment. The appellants are basing their argument on the latter clause, which in fact has been rarely used in constitutional law and poses many issues which the Court (or constitutional law scholars) are unprepared to answer. If the Court bases its rationale on substantive due process, which is also infrequently used today, it must classify any subsequent "right" to bear arms as a fundamental right or limited right. Where to draw the lines then?
Finally, striking down the law and enshrining a right to own guns will be judicially and politically messy. As mentioned before, the Court will need to instruct lower courts where to draw a line between allowable state statutes (such as prohibiting guns in schools) or unconstitutional ones (such as prohibiting purchase of guns altogether). The line is more blurry than we may think. Doing so, the Court must get itself involved in questions of policy and the culture wars between pro-gun and anti-gun lobbies. That is why the Court has traditionally refused to rule so broadly or recognize an individual right to own guns from the Second Amendment. Precedent serves a role and the Court should follow it. Leave the issue of gun ownership and rights to state legislatures, who are more representative and more experienced in handling such matters.
The Supreme Court likely will rule the other way and strike down the law. If it does, it will do a supreme disservice to not just cities and states across the country, but also its own status as a court of law, not policy.
I strongly believe that the Supreme Court must uphold the Chicago statute in question. First, all states have a sovereign "police power" to establish laws concerning public safety, health and morals. The courts have protected the states' police powers, and often enjoin the federal government from stepping in. Gun control laws are doubtless among a state's legitimate exercise of police power. It should be up to individual states and their elected officials to determine the rigidity (or looseness) of their individual gun laws, not for a non-elected Court. Striking down Chicago's law will be a direct infringement of a state's police power.
Second, the Court's reasoning behind any ruling may be more important than the ruling itself. If it strikes down the law, it would invite questions about substantive due process and the Privileges and Immunities Clause of the Fourteenth Amendment. The appellants are basing their argument on the latter clause, which in fact has been rarely used in constitutional law and poses many issues which the Court (or constitutional law scholars) are unprepared to answer. If the Court bases its rationale on substantive due process, which is also infrequently used today, it must classify any subsequent "right" to bear arms as a fundamental right or limited right. Where to draw the lines then?
Finally, striking down the law and enshrining a right to own guns will be judicially and politically messy. As mentioned before, the Court will need to instruct lower courts where to draw a line between allowable state statutes (such as prohibiting guns in schools) or unconstitutional ones (such as prohibiting purchase of guns altogether). The line is more blurry than we may think. Doing so, the Court must get itself involved in questions of policy and the culture wars between pro-gun and anti-gun lobbies. That is why the Court has traditionally refused to rule so broadly or recognize an individual right to own guns from the Second Amendment. Precedent serves a role and the Court should follow it. Leave the issue of gun ownership and rights to state legislatures, who are more representative and more experienced in handling such matters.
The Supreme Court likely will rule the other way and strike down the law. If it does, it will do a supreme disservice to not just cities and states across the country, but also its own status as a court of law, not policy.
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