11/07/2005
11/06/2005
A big wind up but not much of a delivery: Response to Op-ed on Alito Nomination
Todd Zywicki had a nice post on my recent op-ed discussing whether Alito is an extremist
Todd goes on to note that Franks Cross criticizes my piece:
Professor Frank Cross challenges Lott's interpretation of Choi and Gulati in the Comments:
Perhaps unsurprisingly, this review by John Lott is quite misleading. Under Choi & Gulati's citation-based measure of judicial quality, Alito comes out very poorly, well down in the bottom half of all circuit court judges. That was their primary measure, and Lott doesn't mention it. Now, I've got a forthcoming paper that argues that this measure is an unreliable one and Alito suffers not for lack of quality but because it is a minimalist. But it's still misleading to cite a couple of categories where he does well but ignore their leading category, where he did quite poorly.
And independence in their study doesn't mean judicial independence, or anything like it. His high score here probably just means that 3rd Circuit Republicans are pretty liberal, as has been noted on this blog, so he is more likely to disagree with them and write a conservative opinion.
Personally though, after much back and forth between myself and Mr. Cross, Cross's discussion ends with more of a wimper than a bang:
. . . Perhaps I should give some context. I have the Choi &Gulati data and have analyzed it in various ways, as well as reading all the critics that I have found. I am famiiar the the findings and their validity. Because this is an area in which I research, I have fielded numerous inquiries about the Alito nomination. I have scrupulously avoided discussing the Choi &Gulati results because (a) I felt I could not do so honestly without addressing Alito's low quality rating in the process and (b) I think that rating is unfair to Alito for other reasons I have been researching. But I thought the full explanation was beyond what the press could reasonably offer in an article.
In short, I declined to make a post such as yours, because I believed it would be misleading to do so. This all happened before your post. Having made that conclusion for myself, I applied it to your post. Readers may draw their own conclusions.
My response is as follows:
. . . I haven't read your research, though I would be interested in doing so if you could email a copy (I would appreciate it). What I conclude from your last comments is that you were not taking issue with me inaccurately reporting what Choi and Gulati wrote, but your research has found that there were significant problems with their research and that without noting those problems it is wrong to cite the Choi and Gulati findings. Since I don't know your critique, I can't really comment on the last point other than to say I am very happy to look at your work.
I will look forward to reading his research when he sends it to me. I couldn't find it on SSRN. Possibly he has some strong critiques of Choi and Gulati, but despite the long discussion presented he never explicitly mentions what his objection is to Choi and Gulati's quality measures based upon citations and invocations (the later is when the name of a judge is mentioned in citing his opinion). I will reserve judgment until I have it to read, which hopefully will be very soon.
Todd goes on to note that Franks Cross criticizes my piece:
Professor Frank Cross challenges Lott's interpretation of Choi and Gulati in the Comments:
And independence in their study doesn't mean judicial independence, or anything like it. His high score here probably just means that 3rd Circuit Republicans are pretty liberal, as has been noted on this blog, so he is more likely to disagree with them and write a conservative opinion.
Personally though, after much back and forth between myself and Mr. Cross, Cross's discussion ends with more of a wimper than a bang:
In short, I declined to make a post such as yours, because I believed it would be misleading to do so. This all happened before your post. Having made that conclusion for myself, I applied it to your post. Readers may draw their own conclusions.
My response is as follows:
I will look forward to reading his research when he sends it to me. I couldn't find it on SSRN. Possibly he has some strong critiques of Choi and Gulati, but despite the long discussion presented he never explicitly mentions what his objection is to Choi and Gulati's quality measures based upon citations and invocations (the later is when the name of a judge is mentioned in citing his opinion). I will reserve judgment until I have it to read, which hopefully will be very soon.
Wisconsin holds hearings on Right-to-carry law
Only four states ban people being able to carry concealed weapons. One vote made the difference last time where a previous sponsor changed his position under pressure from the governor, and a similarly close vote will likely take place this time.
Rep. Scott Gunderson, R-Waterford, the bill's other main author, choked up as he told the committees someone attacked him with a crowbar as he tried to open his store one day.
"Maybe he wouldn't have if he thought I was carrying a concealed weapon," Gunderson said. Zien, sitting next to him, patted him on the back.
Gunderson said 46 other states currently allow residents to carry concealed weapons. He said Wisconsin's bill is needed to comply with a 2003 state Supreme Court ruling, which found Wisconsin's 133-year-old ban on hidden weapons conflicts with a 1998 amendment to the state constitution guaranteeing the right to bear arms.
"Maybe he wouldn't have if he thought I was carrying a concealed weapon," Gunderson said. Zien, sitting next to him, patted him on the back.
Gunderson said 46 other states currently allow residents to carry concealed weapons. He said Wisconsin's bill is needed to comply with a 2003 state Supreme Court ruling, which found Wisconsin's 133-year-old ban on hidden weapons conflicts with a 1998 amendment to the state constitution guaranteeing the right to bear arms.
11/05/2005
People not protecting themselves is viewed as good news by gun control advocates
I guess that I can believe that this is a real cost of liberals controling public schooling:
The survey's statistics are not all bleak. It appears that the violence prevention initiatives available to youth are working. America's teens are 10% less likely (19.8%) than in 2004 (29.8%) to use a gun for protection if they had access to a handgun.
"These findings show why we must continue to make violence prevention programs a regular part of our experience - when we know better, we do better,"
Thanks to Jason Morin for sending this to me.
"These findings show why we must continue to make violence prevention programs a regular part of our experience - when we know better, we do better,"
Thanks to Jason Morin for sending this to me.
11/04/2005
New op-ed on Alito's nomination
Yesterday Bloomberg published an op-ed of mine on Alito's nomination: "Alito Will Be Hard to Portray as an Extremist." Erwin Chemerinsky wrote the counterpoint. Hopefully, I will be allowed to link to it soon.
My piece noted:Whether it is surveys of lawyers who have practiced before him, academic studies of judicial political independence, his rating by the American Bar Association, or any reading of his opinions, Alito has been a fair and thoughtful judge. No one is going to seriously question his legal background. It's even hard to find any objective measure that would show him to be unqualified or even controversial.
My piece noted:Whether it is surveys of lawyers who have practiced before him, academic studies of judicial political independence, his rating by the American Bar Association, or any reading of his opinions, Alito has been a fair and thoughtful judge. No one is going to seriously question his legal background. It's even hard to find any objective measure that would show him to be unqualified or even controversial.
11/03/2005
Few people having RTC permits revoked in Ohio
Ohio CHL-holders have proven to be far more law-abiding than skeptics had predicted they would be. Only 94 CHLs (0.14%), have been revoked in the first eighteen months for any reason, including the passing away of some licenseholders. Just 272 CHLs (0.42%), were suspended for any reason, and many of those are often reinstated later. . . .
Note that since 94 includes those who have died and given that 70,098 have permits, it is quite possible that virtually all the revocations were for people who died.
There are some links to the newest data from Ohio Attorney General Jim Petro.
Talk Tomorrow
I will be giving a talk tomorrow at SUNY Binghamton. The talk is in the late afternoon in the economics department, and I will be talking about the abortion and crime paper that I have.
Talk Tomorrow
I will be giving a talk tomorrow at SUNY Binghamton. The talk is in the late afternoon in the economics department, and I will be talking about the abortion and crime paper that I have.
11/02/2005
Very depressing story: Blacks doing outrageous racial attacks against Maryland Lt. Gov. Michael Steele
"Mandatory Waiting Periods for Abortions and Female Mental Health"
My friend Jonathan Klick has a new research paper finding the following:
Proponents of laws requiring a waiting period before a woman can receive an abortion argue that these cooling off periods protect against rash decisions on the part of women in the event of unplanned pregnancies. Opponents claim, at best, waiting periods have no effect on decision-making and, at worst, they subject women to additional mental anguish and stress. In this article, I examine these competing claims using adult female suicide rates at the state level as a proxy for mental health. Panel data analyses suggest that the adoption of mandatory waiting periods reduce suicide rates by about 10 percent, and this effect is statistically significant. The result is robust to various attempts to control for unobservable heterogeneity and simultaneity.
Clayton Cramer also has a discussion of this.
Clayton Cramer also has a discussion of this.
11/01/2005
Possible reasons for Alito's nomination over Luttig
I think that there are a couple possible reasons that Alito got the nod over Luttig.
1) It may seem trivial (especially given how conservative Luttig is), but the fact that Alito has the nickname "Scalito" just makes it appear that much clearer to everyone that Bush was honoring his pledge to appoint someone like Scalia.
2) Arlen Specter has known Alito "for two decades, ever since Mr. Alito was appointed to become U.S. Attorney in neighboring New Jersey. Mr. Specter privately told the White House that he thought he could be confirmed. Yesterday, he went out of his way to paint Judge Alito as a reasonable nominee who could win support from moderates in a news conference with reporters." (John Fund, OpinionJournals Political Diary)
2) Arlen Specter has known Alito "for two decades, ever since Mr. Alito was appointed to become U.S. Attorney in neighboring New Jersey. Mr. Specter privately told the White House that he thought he could be confirmed. Yesterday, he went out of his way to paint Judge Alito as a reasonable nominee who could win support from moderates in a news conference with reporters." (John Fund, OpinionJournals Political Diary)









