I watched the first presidential debate in a pub on Wednesday and came away impressed with Mitt Romney. The onus was on him to put in a strong performance and he did in several ways. He showed a sense of urgency about the nation's problems, while showing his compassionate side and ability to understand. He was aggressive throughout and criticized President Obama without appearing solely partisan and obstructionist on every policy issue. Romney also gave some specifics about his policies, which allows wonks to dissect and contrast them against Obama's. Without doubt Obama's insipid performance helped Romney shine, and with Romney scoring the style points, I must wade through both contenders' policies for substance and see what they really want for the nation beyond the rhetoric.
Obama desperately needed Friday's jobs numbers and he got what he wished for. I think it will have a huge impact, especially on those undecided voters who are finalizing their choices right now. The jobs numbers, especially the drop in unemployment below the dreaded 8%, would shore up Obama's appeal and help him maintain an edge in the polls. Underneath though, all the papers and economists suggest that the jobs recovery remains steady but very slow. The two biggest barriers to jobs growth are 1) the fiscal cliff come January and businesses' uncertainty (and hence their reluctance to hire) and 2) ongoing weak demand from emerging economies such as China and recessionary Europe. Obama may be partly responsible for the former, but not the latter.
Onto our national pastime, the Red Sox finally put us fans out of our misery with an absolutely atrocious season. I could not be more disappointed in the team and where it has gone and is going. Much of the blame, I agree, should start at the top with the ownership and front office. The players, too, I emphasize are not blameless. The Red Sox's problems are so deep that they would take many years to fix. I am unsure whether the Fenway Sports Group can turn it around and maintain the support of the fans. For me, the season was a mix of apathy, disgust, bewilderment, and mostly disappointment.
Finally, the high court resumed its term this past week and the cases thus far promise to make this term as interesting as the last. For those who keep track of cases based on ideology, last term's main cases did not turn out to be as conservative as the court's reputation is - mainly helped by Chief Justice Roberts's U-turn in the health care case. We'll see about this term, in which Justice Kennedy will continue to play his role as a swing vote. I will definitely be paying attention to the headline affirmative action case of Fisher v. University of Austin, as well as others to follow, especially if the Court takes up DOMA or Proposition 8.
Sunday, 7 October 2012
Sunday, 30 September 2012
Mid-Autumn Festival thoughts
Tonight I am home for the Mid-Autumn Festival. It is wonderful to be home again and out of the city. As much as I like New York, it's always good to get away for the weekend - whether that be in North Jersey or Long Island. Moon cakes await!
Everyone says the third year of law school should be easy and a piece of cake. I find it nothing but, perhaps because I always manage to keep myself busy. I continue to keep pace in my classes, follow through on my extracurricular commitments, and try to learn new things in my spare time. There is plenty to occupy my time this semester, even after I forced myself to cut back on doing too much.
Reading the Wall Street Journal every day has been a blessing too, despite the constant need to keep up with so many pages. I am avidly interested in this upcoming election - people say it's almost lost for Romney but I do not believe it. This upcoming debate will be interesting, and I must distinguish each candidate's policies from the rhetoric.
Some of my close friends are now back in China or Hong Kong. I will miss them for sure - for now, the Far East seems like another world. But given how small the world is today, they are merely seconds away. Next year I will be back; will we still recognize each other when we reunite?
Everyone says the third year of law school should be easy and a piece of cake. I find it nothing but, perhaps because I always manage to keep myself busy. I continue to keep pace in my classes, follow through on my extracurricular commitments, and try to learn new things in my spare time. There is plenty to occupy my time this semester, even after I forced myself to cut back on doing too much.
Reading the Wall Street Journal every day has been a blessing too, despite the constant need to keep up with so many pages. I am avidly interested in this upcoming election - people say it's almost lost for Romney but I do not believe it. This upcoming debate will be interesting, and I must distinguish each candidate's policies from the rhetoric.
Some of my close friends are now back in China or Hong Kong. I will miss them for sure - for now, the Far East seems like another world. But given how small the world is today, they are merely seconds away. Next year I will be back; will we still recognize each other when we reunite?
Monday, 20 August 2012
Brazil and Argentina...a whole another world
South America opened my eyes. I had not travelled outside the US since 2005 and thoroughly enjoyed the adventure to Brazil and Argentina. Each country was unique in its own way, and I was tempted not to return to the States. The journey was an opportunity to relax after a busy and eventful summer, to discover new landscapes and friends, and to reflect away from the bustle of New York. I wish I had more time to do all three but must cherish what I have.
I loved Rio de Janeiro and will definitely be back to visit. Rio is so fun with many great sights, such as Sugar Loaf Mountain and the old city areas, wonderful beaches, and a most vibrant cultural scene. I would while away my day on the beach, trying my hand at surfing and playing beach football. At night, there are more than just samba shows, but also all kinds of music and shows (including the Portuguese version of Wizard of Oz). I brought back several CDs and they will be relaxing to listen to on the drive. It's unfortunate my trip to Rio was only four days.
Buenos Aires is special in its own way, and I know first hand why it is a European city in the middle of South America. I enjoyed walking through the main sites of the city, which are resplendent with history and culture. Certainly the highlight there was partaking of tango - going to a show and taking part in the Tango Festival. Now I know I must work on my tango this upcoming year. Finally, there's nothing more fun than meeting my friends and colleagues, from would-be exchange law students at UBA to attorneys in Buenos Aires. Our times were too short but all full of wonderful moments.
Beyond Buenos Aires, I ventured down south to the tip of South America and the "end of the world" in Tierra del Fuego. I loved my four days in Ushuaia and visited everything - navigating the Beagle Channel, hiking the Glacier Martial mountain, going to the National Park and the End of the World train, and visiting the prison museum. I also ventured out to partake of time with the locals at cultural events, including a band concert by a local artist and a bus trip to Rio Grande to see grade school students at a famous missionary school. Finally, it's always a sight to see snow in August. One day, I'll be back to the end of the world and giving myself another chance to soar free.
I loved Rio de Janeiro and will definitely be back to visit. Rio is so fun with many great sights, such as Sugar Loaf Mountain and the old city areas, wonderful beaches, and a most vibrant cultural scene. I would while away my day on the beach, trying my hand at surfing and playing beach football. At night, there are more than just samba shows, but also all kinds of music and shows (including the Portuguese version of Wizard of Oz). I brought back several CDs and they will be relaxing to listen to on the drive. It's unfortunate my trip to Rio was only four days.
Buenos Aires is special in its own way, and I know first hand why it is a European city in the middle of South America. I enjoyed walking through the main sites of the city, which are resplendent with history and culture. Certainly the highlight there was partaking of tango - going to a show and taking part in the Tango Festival. Now I know I must work on my tango this upcoming year. Finally, there's nothing more fun than meeting my friends and colleagues, from would-be exchange law students at UBA to attorneys in Buenos Aires. Our times were too short but all full of wonderful moments.
Beyond Buenos Aires, I ventured down south to the tip of South America and the "end of the world" in Tierra del Fuego. I loved my four days in Ushuaia and visited everything - navigating the Beagle Channel, hiking the Glacier Martial mountain, going to the National Park and the End of the World train, and visiting the prison museum. I also ventured out to partake of time with the locals at cultural events, including a band concert by a local artist and a bus trip to Rio Grande to see grade school students at a famous missionary school. Finally, it's always a sight to see snow in August. One day, I'll be back to the end of the world and giving myself another chance to soar free.
Sunday, 8 July 2012
A Russian Game Called "Stupid"
My friend and I played some cards last night. We started with a game both of us knew well - Big 2 or Chinese poker, which is popular in south China and here in the US. A few rounds later, I proposed the Russian game of Durak, translated into "Stupid" or "Fool" in English. I learned Durak while growing up in New York with Russian friends and schoolmates. During middle school, we often played Durak over lunch and enjoyed the fun, the challenge, and the company. There, I became quite good at it and learned all its intricacies. Essentially, Durak is a kind of beating and trump-suit game, but with a lot of strategy and takes much skill to master. I especially like that the game can be both tactical and strategic, and the loser (who is called the fool or Durak, and hence the name of the game - which my friends and I called "Stupid" in translation) is teased for his loss, at least until the next game finishes and there is a new loser.
My friend and I switched to Durak after a few rounds of Big 2 and totally played it for the remainder of the evening. I haven't played it in a while and our games rekindled my love for the game. Do I think it's the best card game out there? Probably. It's hard to think of any that tops Durak, especially in terms of balancing skill, strategy and with multiple people, teamwork. Luck obviously plays a role but the fool is usually a fool and is usually a fool. My friend caught on quickly and played aggressively too. To my embarrassment, I lost several times in a row. Eventually, order was restored at the end and I finished with a flourish. But the memories and company of playing Durak last night remain invigorating.
For rules of Durak: http://www.pagat.com/beating/durak.html
My friend and I switched to Durak after a few rounds of Big 2 and totally played it for the remainder of the evening. I haven't played it in a while and our games rekindled my love for the game. Do I think it's the best card game out there? Probably. It's hard to think of any that tops Durak, especially in terms of balancing skill, strategy and with multiple people, teamwork. Luck obviously plays a role but the fool is usually a fool and is usually a fool. My friend caught on quickly and played aggressively too. To my embarrassment, I lost several times in a row. Eventually, order was restored at the end and I finished with a flourish. But the memories and company of playing Durak last night remain invigorating.
For rules of Durak: http://www.pagat.com/beating/durak.html
Sunday, 1 July 2012
The Supreme Court's Health Care Decision - Making Sense of It
Disclaimer: the statements below are solely those of the author, and do not represent the views of any other person or organization.
The debates and discussions about the Supreme Court's decision on the Affordable Care Act will continue for a long while. The politicians, health industry, and public will focus on the policy debates behind the ACA and whether it should continue or be repealed. November 6 may well settle that question. Legal scholars and lawyers, on the other hand, will parse through the interesting mix of opinions and what they mean for constitutional law. Both are important but neither is easy.
1. Impact on Politics - a clear winner is Barack Obama and the Democrats who pushed ACA through Congress. The ACA is Obama's signature legislative achievement and having it upheld, or at least mostly upheld, is necessary for Obama to win reelection. How much of a boost it provides his election prospects is uncertain - I still think the economy will be more important. As for Republicans and Mitt Romney, they will redouble their efforts to defeat Obama in November and amass enough political capital to repeal the ACA. The decision may light a fire in their constituency, but they would need a strong majority and the right circumstances come January to repeal the ACA.
2. Impact on Businesses and the Health Industry - for them, they can rest easy because they above all needed certainty. The health industry and other affected businesses have spent two years preparing for the implementation of the ACA. I know CMS has issued a number of rules implementing the law and for the law to be gutted would have undone the industry's expensive preparations. The impact of the ACA on the health industry is complex and long, and providers, insurers, other businesses are mixed about the ACA but at least they know it is the law of the land and must be complied with.
3. Impact on Federal Power - the constitutional challenges to the ACA were about the limits of federal power, specifically under the Commerce and Tax and Spending Clauses in the Constitution. The decision was a loss for proponents of strong federal power in several ways. First, Roberts and his conservative colleagues in dissent all agree that Congress's power under the Commerce Clause are subject to further limits, specifically that inactivity is outside the scope. Although the individual mandate may be a special case and Robert's discussion may be dictum, courts look more carefully at Congress's assertion of power under the Commerce Clause. I doubt that the various civil rights, environmental, and other social welfare laws are in jeopardy since existing Commerce Clause jurisprudence, even with the new inactivity limitation, sufficiently supports them.
The limitation on the Spending Clause power and the application of the coercion theory will also affect Congress's power to induce states through federal money. The Court did not fully enunciate what constitutes coercion, but they provided a concrete example of coercion (penalizing through withdrawing all Medicaid funds if a state refused to accept the ACA's reforms). That was the first major Spending Power limitation for almost a century. Overall, while the preexisting broad federal powers under the Commerce and Spending Clauses remain unchanged, the decision will likely lead to more stringent policing by the courts.
4. Impact on the Supreme Court - perhaps the biggest winner is the Supreme Court and the rule of law. Facing charges that the Court is a politicized branch and no longer a neutral arbiter of the law, John Roberts helped stem that tide and restore the Court's image as a legal institution. Many have welcomed the change and pointed to the whole October 2011 Term, which is less "conservative" and ideologically-divided than many past terms, while others have been more cynical and point to Roberts delivering a political victory to Obama while saving the legal victory for the challengers. Nonetheless, I think the Supreme Court has enhanced its stature in public eyes as a court of law, not a court of politics in disguise. How that carries on next term with affirmative action and gay marriage remains to be seen.
The public debate about the ACA and future of health reform will not die down soon. America needs health reform and innovative ways to solve the crises in our health care system. The decision puts the issue back to the election spotlight and to the people, where it should be, not with the courts. As for the law, the decision opens up debates about the expanse and limits of federal power, which will take years of litigation to define. Lawyers and law professors may be fascinated, but perhaps not so their clients and the law students.
The debates and discussions about the Supreme Court's decision on the Affordable Care Act will continue for a long while. The politicians, health industry, and public will focus on the policy debates behind the ACA and whether it should continue or be repealed. November 6 may well settle that question. Legal scholars and lawyers, on the other hand, will parse through the interesting mix of opinions and what they mean for constitutional law. Both are important but neither is easy.
1. Impact on Politics - a clear winner is Barack Obama and the Democrats who pushed ACA through Congress. The ACA is Obama's signature legislative achievement and having it upheld, or at least mostly upheld, is necessary for Obama to win reelection. How much of a boost it provides his election prospects is uncertain - I still think the economy will be more important. As for Republicans and Mitt Romney, they will redouble their efforts to defeat Obama in November and amass enough political capital to repeal the ACA. The decision may light a fire in their constituency, but they would need a strong majority and the right circumstances come January to repeal the ACA.
2. Impact on Businesses and the Health Industry - for them, they can rest easy because they above all needed certainty. The health industry and other affected businesses have spent two years preparing for the implementation of the ACA. I know CMS has issued a number of rules implementing the law and for the law to be gutted would have undone the industry's expensive preparations. The impact of the ACA on the health industry is complex and long, and providers, insurers, other businesses are mixed about the ACA but at least they know it is the law of the land and must be complied with.
3. Impact on Federal Power - the constitutional challenges to the ACA were about the limits of federal power, specifically under the Commerce and Tax and Spending Clauses in the Constitution. The decision was a loss for proponents of strong federal power in several ways. First, Roberts and his conservative colleagues in dissent all agree that Congress's power under the Commerce Clause are subject to further limits, specifically that inactivity is outside the scope. Although the individual mandate may be a special case and Robert's discussion may be dictum, courts look more carefully at Congress's assertion of power under the Commerce Clause. I doubt that the various civil rights, environmental, and other social welfare laws are in jeopardy since existing Commerce Clause jurisprudence, even with the new inactivity limitation, sufficiently supports them.
The limitation on the Spending Clause power and the application of the coercion theory will also affect Congress's power to induce states through federal money. The Court did not fully enunciate what constitutes coercion, but they provided a concrete example of coercion (penalizing through withdrawing all Medicaid funds if a state refused to accept the ACA's reforms). That was the first major Spending Power limitation for almost a century. Overall, while the preexisting broad federal powers under the Commerce and Spending Clauses remain unchanged, the decision will likely lead to more stringent policing by the courts.
4. Impact on the Supreme Court - perhaps the biggest winner is the Supreme Court and the rule of law. Facing charges that the Court is a politicized branch and no longer a neutral arbiter of the law, John Roberts helped stem that tide and restore the Court's image as a legal institution. Many have welcomed the change and pointed to the whole October 2011 Term, which is less "conservative" and ideologically-divided than many past terms, while others have been more cynical and point to Roberts delivering a political victory to Obama while saving the legal victory for the challengers. Nonetheless, I think the Supreme Court has enhanced its stature in public eyes as a court of law, not a court of politics in disguise. How that carries on next term with affirmative action and gay marriage remains to be seen.
The public debate about the ACA and future of health reform will not die down soon. America needs health reform and innovative ways to solve the crises in our health care system. The decision puts the issue back to the election spotlight and to the people, where it should be, not with the courts. As for the law, the decision opens up debates about the expanse and limits of federal power, which will take years of litigation to define. Lawyers and law professors may be fascinated, but perhaps not so their clients and the law students.
Sunday, 24 June 2012
A Day of Culture Galore
Yesterday, June 23, was a traditional Chinese festival called Duan-wu (端午). Most people know it for the sticky rice cakes wrapped in bamboo leaves and for the dragon boat races. The holiday supposedly commemorates the death of Qu Yuan, a great poet from the Chu Kingdom in the Warring States period of Chinese history (~500-300 BCE). He committed suicide by tossing himself into a river when he disagreed with his state's policies and failed to persuade his king. Today, the holiday retains some patriotic connotations while the popular celebrations focus on the dragon boat races and the arrival of mid-summer.
I admittedly did little to celebrate the holiday. I instead went with my friends to visit the Instituto Cervantes's El Dia E, its annual commemoration of Spanish culture. The Instituto held a block party with Spanish music, food, books, and crafts. There were tours of the Instituto and its library and galleries. We did a flamenco dance class, which was fun and too short, yet not that long lest I suffer more embarrassment. Altogether it was an enjoyable part of the weekend partaking of the rich cultures that New York and living in our time have to offer.
I admittedly did little to celebrate the holiday. I instead went with my friends to visit the Instituto Cervantes's El Dia E, its annual commemoration of Spanish culture. The Instituto held a block party with Spanish music, food, books, and crafts. There were tours of the Instituto and its library and galleries. We did a flamenco dance class, which was fun and too short, yet not that long lest I suffer more embarrassment. Altogether it was an enjoyable part of the weekend partaking of the rich cultures that New York and living in our time have to offer.
Sunday, 3 June 2012
Queen's Jubilee; World Science Festival
Has it been 60 years since Queen Elizabeth II ascended the throne of the United Kingdom? For many Britons who are celebrating her Diamond Jubilee this weekend, these sixty years have seen profound changes in their nation and its place in the world. The empire where the sun never sets is no more, as numerous former colonies sought and obtained independence one after another. The relic of the empire and vestiges of British power remain on the Security Council, where it maintains a stature above its actual weight. For an actual demonstration of British power, look at its operations in Libya and Afghanistan, where it plays mostly a supporting role to the US and NATO.
For many Britons, the tough problems remain at home. Two years of the Conservative-Liberal Democrats coalition rule have brought austerity to the land and another recession. The Tories have sought to jettison Europe off Britain's shoulders but for better or for worse, Britain cannot live without Europe. Like their fellow citizens in other EU countries, Britons and their leaders must ask how much austerity is permissible at the expense of growth. Britons may direct their ire at the Queen and her address but it is government that must be held accountable. Even beyond the economic crisis, Britons continue to question their national character and sense as a people. What it means to be British is different today than in 1952, and clinging to nostalgia, and especially using the monarchy, will not do the country much good.
On aside, I stopped by the World Science Festival this weekend. If only my work wasn't as busy during the week, I would have regaled myself in the various presentations on topics such as neutrinos, quantum mechanics and biology, and Einstein's theory with atomic time. Science is fascinating, and I'm glad to see so many children exploring science at Washington Square Park today. It is also important, and something each of us as citizens should understand a bit. We may not all be the next Thomas Edison but let's make sure this country produces the next one.
For many Britons, the tough problems remain at home. Two years of the Conservative-Liberal Democrats coalition rule have brought austerity to the land and another recession. The Tories have sought to jettison Europe off Britain's shoulders but for better or for worse, Britain cannot live without Europe. Like their fellow citizens in other EU countries, Britons and their leaders must ask how much austerity is permissible at the expense of growth. Britons may direct their ire at the Queen and her address but it is government that must be held accountable. Even beyond the economic crisis, Britons continue to question their national character and sense as a people. What it means to be British is different today than in 1952, and clinging to nostalgia, and especially using the monarchy, will not do the country much good.
On aside, I stopped by the World Science Festival this weekend. If only my work wasn't as busy during the week, I would have regaled myself in the various presentations on topics such as neutrinos, quantum mechanics and biology, and Einstein's theory with atomic time. Science is fascinating, and I'm glad to see so many children exploring science at Washington Square Park today. It is also important, and something each of us as citizens should understand a bit. We may not all be the next Thomas Edison but let's make sure this country produces the next one.
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