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.

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/

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.

Today's Boston Globe articles

1. Health Care: http://www.boston.com/news/health/articles/2010/02/28/runaway_health_costs_are_rocking_municipal_budgets/

Shocking and wasteful. It's a shame that we lack the will or political acumen to cut such unnecessary benefits.

2. U.S. Politics: http://www.boston.com/news/nation/washington/articles/2010/02/28/brewing_a_progressive_alternative_to_tea_party_politics/

I distrust the Tea Party; I distrust the 'Coffee Party' more. Rather than being grassroots activists who stand for actual issues, they resemble obstructionists who can only air some quixotic philosophies unsuited for governance or our times.

3. Law & Activism: http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/02/28/gay_rights_by_law_not_vote/

I fervently agree: it is the duty of the courts to protect those "discrete and insular minorities" (Carolene Products footnote), especially gays who face extensive discrimination in the political process.

4. Academics & Race: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/02/28/tenure_decisions_cant_remedy_racial_imbalance/

I partially agree: academic promotion should be based on scholarship contributions. Nonetheless, minority professors still suffer from more obstacles throughout their careers. Plus, having more minority tenured professors is good for schools.

5. Health Care Reform: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/02/28/can_country_get_to_yes_on_health_care/

The crux of the problem: politics is too partisan. Health care needs bipartisan compromise.

6. Education & Islam: http://www.boston.com/bostonglobe/ideas/articles/2010/02/28/hamas_u/

A worthy and interesting concept. Let's see how the university fares: academic freedom is the ultimate source of a university's well-being; if Hamas curtails those freedoms too much, they would be stifling a very necessary and beneficial idea for the people of Gaza.

7. Worldviews: http://www.boston.com/bostonglobe/ideas/articles/2010/02/28/warning_your_reality_is_out_of_date/

We do not need terms like mesofact. The fact is, the world transforms quicker than we individually can adapt. That is why it is important, even compelling, that we keep up with the times in current events, science and culture.

8. Childhood Obesity: http://www.boston.com/bostonglobe/magazine/articles/2010/02/28/the_heaviest_hand/

I disagree: the state needs to intervene precisely because many kids and families cannot control obesity on their own. On occasion, they interfere too much, and privacy is an important concern in public health. Nonetheless, the author's fears are generally unfounded.

One last pull for health care reform

Tomorrow's bipartisan summit with Obama and leaders of Congress may well be the last chance for health care reform. Obama will unveil his health care plan, and the Congressional leaders will have the opportunity to voice their issues and concerns. Tomorrow is conducive to spurring the legislation in Congress because of the following: 1) the president is getting personally involved; 2) major leaders of Congress, not whole quorums, are present; and 3) the public will be watching. First, Obama should take a more active role in pushing for health care reform. Thus far, his hands-off, pragmatic approach has failed, and Congress needs someone to spur them to action. Second, dealing with leaders gives the president leeway and means to influence. He will not work directly with legislators who are at best indifferent, at worst worried more about their midterm elections. Third, the public finally can watch the health care debate live and in person. Knowing that their constituents and the American people are interpreting their every word gives the group members more incentives to not sit on the fence. Let's hope for meaningful accomplishments and results from tomorrow's meeting that will put health care back on the agenda.

Today's Boston Globe articles

1. College Admissions: http://www.boston.com/news/education/higher/articles/2010/02/21/a_fresh_pitch_on_u_tube/

An innovative approach, and something worth experimenting. But the fear of wealth disadvantage is real, and let's be honest: written skills in preparing an essay is still more valuable, and should be judged as such, than video skills.

2. Drug Regulation: http://www.boston.com/news/nation/articles/2010/02/21/senators_press_fda_for_answers_about_why_diabetes_drug_still_on_market/

Senators should question FDA on why they are so lax on post-market regulation in general.

3. Academics: http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2010/02/21/praising_the_low_grade_for_a_harder_course/

A good article and something relevant for students, universities and employers: a grade is not just a grade. Strict GPA requirements, such as Cum Laude, should take into account the difficulty of classes as well. Students should be encouraged to experiment and take difficult classes.

4. Personal Finance: http://www.boston.com/business/personalfinance/articles/2010/02/21/iras_for_like_teens_dont_roll_your_eyes/

I know, planning for retirement ideally should start now, but there are so many other financial responsibilities...

5. Rules of Writing: http://www.boston.com/bostonglobe/ideas/articles/2010/02/21/overruled/

Writing should be based on general principles. While some rules should remain necessary, outdated rules should be jettisoned, and grammarians should not quibble so much. After all, language is organic.

6. African-American History: http://www.boston.com/ae/books/articles/2010/02/21/reconsidering_the_history_of_blacks_in_america_as_a_series_of_migrations/

An interesting study, and illuminating. Upon reading just this review, I find the argument of multiple migrations convincing and more profound in delineating African-American history.

New Year's Resolutions (or the sort)

Another year - the tiger's - brings more challenges and more opportunities. Rather than list resolutions, which I like most others am apt to break, I believe it is better to list general principles that I will strive for and maintain every day:

1. Resolution: aim to finish whatever tasks or projects I start, however large (especially) and small

2. Completion: consider no project or study finished unless done to the best of my ability

3. Engagement: be knowledgeable of a variety of issues, especially current affairs in law, government and the economy

4. Honesty: think and act truthfully, truthfully and nothing but truthfully

5. Development: solidify skills that are of practical use and benefit for my future career

6. Openness: welcome a variety of views and practices, however foreign

7. Criticism: analyze and question new views and old, to search for truth in the 'marketplace of ideas'

8. Humility: remain humble in speech and actions, before persons superior and inferior

9. Examination: reflect weekly, believing that a 'more perfect' person is always possible

There, nine short yet meaningful promises for the upcoming year. They are not resolutions, but act as such. I chose nine because of its good luck (meaning long life in Chinese - that's the extent of my superstitious beliefs), and because it leaves the sense that the list is unfinished; that one more is missing...