The Times today also has a piece on the trend of more students taking both the ACT and SAT, due in part to recent changes to the SAT. I found this passage in the article somewhat disturbing, however:

“There’s almost no reason not to take ACT,” said Lisa Jacobson, chief executive of Inspirica, a tutoring and test preparation company in New York. “The only significant reason not to is if a kid is totally stressed out, and doesn’t want to spend another Saturday taking tests.”

Students have nothing to lose by taking the ACT, she and others say, because they can take the test as many times as they want and choose which scores, if any, to send to colleges—a calming option for students with severe test anxieties. In contrast, all SAT scores are sent to all colleges a student applies to. [emphasis mine]

Doesn’t this fact shoot any meaningful comparability between the two tests straight to hell, despite the well-known “equivalency tables” between the two exams?

Today’s New York Times has a piece in the business section looking at the effects of the Canadian beef import ban on both sides of the border—few of which are good unless you’re an American cattle rancher. It seems fairly clear (to me, at least) that the motivation behind those seeking to extend the ban is naked protectionism rather than concern about Americans’ health.

The small bit of silver lining in this is that, unlike on the steel tariffs, the president is on the right side of the issue, although there are many in Congress who aren’t.

I am a lousy 15% metrosexual. (þ: ChicagoBoyz)

Tim Sandefur and Ed at Dispatches from the Culture Wars are blogging about their favorite pens. Mr. Sandefur’s preferred Pilot V-Ball Extra Fine Point was my favorite for the longest time as well, and I still have a few floating around the apartment, but recently I’ve become more enamored of the Sanford uniball Vision Elite, particularly in the super-fine blue-black and red inks, the latter of which I use for grading.

Colby Cosh talks about a guy in Canada who’s eating nothing but McDonald’s food and still losing weight. Colby asks:

Is it some kind of heresy to suggest that McDonald’s may not necessarily be a temple of doom for people who want to eat right, and are prepared to go about it armed with common sense?

Clearly, yes.

Incidentally, the diet is going reasonably well; I lost about four pounds last week, with four days of 30–40 minutes of aerobic exercise, about 15 minutes a session on various pieces of weight-training equipment, with limited changes in diet that mostly add up to “don’t eat all the time.”

Tonight I went to see an interesting slide show of installation art and sculpture by Renee Una.* The more I think about it, the more I realize that the only adjective I can apply to it is interesting; I’ve seen art by friends that I can say is “good” or qualitatively “better” than their other art, but I was unable to provide any sort of evaluative statement about Ms. Una’s art. Does art have to be good or bad, or can it just be interesting?

Unlike my co-blogger, I tend to think that the Supreme Court’s decision in Roper v. Simmons was the morally correct one—in general, I am suspicious of the death penalty not for legal or practical reasons, but philosophical ones; namely, that the state should not have the power to kill its own citizens, whether or not they are of some arbitrary age. Having said that, like Will Baude, Steven Taylor, and James Joyner I am deeply skeptical of any form of legal reasoning that relies on state legislatures to decide the constitutionality of various actions. I may have more coherent thoughts once I’ve actually sat down with the opinion… which comes at a fortuitous time, as we will cover the 8th amendment on March 16th in my con law class.

In other judicial news, I tend to think the Padilla case was correctly decided (both on the legal merits and the moral ones), following most generally from Hamdi (particularly Scalia’s partial dissent, which I think articulated the correct standard) and Ex parte Milligan.

Thanks to Jon Henke of QandO for their plug this morning; I know Robert and I appreciate it.

Alex Knapp points out a flaw in Intelligent Design theory—namely, that the universe is actually rather poorly designed.

Congrats to James of The Dead Parrot Society for getting tenure and to James of Outside the Beltway for getting their 3 millionth hit.

Book four in the Fifty Book Challenge is Give Me a Break, by 20/20 co-anchor John Stossel, who’s arguably the most well-known libertarian in America. As you’d probably expect from a book by a TV journalist, it’s not a hard read and largely autobiographical in nature. If you’re looking for a book to gently introduce someone to libertarian ideas, Stossel’s book may be ideal: less doctrinaire than Boaz’s Libertarianism: A Primer and lacking the serious liability of What It Means to be a Libertarian—Charles Murray’s public reputation. If you’re already familiar with libertarian ideas and Stossel’s journalistic career, there’ll be little new for you here, but it’s an entertaining read nonetheless.

Spent Saturday afternoon helping my friend and colleague Kamilla move from her apartment to a nice house she’s sharing a few blocks away. Except for me being an idiot and jamming my right middle fingers in a drawer, and the aches and pains inherent in moving around large objects, things went well. Afterward, Kamilla was generous enough to buy us all dinner at La Cazuela, which was most kind of her. Then we watched Anything Else (featuring an overly slimmed-down Christina Ricci) and The Goonies on her roommate’s digital cable.

Mainly it was fun spending the day with my friends Kamilla and Kelly, as well as meeting new friends Andy, Allison and Chris Bruce, especially after a week in which I was becoming increasingly and excessively surly (read Friday’s posts if you don’t believe me…). As a special bonus, all the physical activity got me out of a Saturday visit to the HAC and being attacked by various forms of exercise equipment.

Jacqueline has some rather utilitarian relationship advice for her readers, with emphasis on the value of self-confidence. Contrary to the commercials on TV, apparently you don’t need Enzyte to become more confident—go figure.

I think the title for this job ad is what should be on this one.

(I figure if Eric Muller can do it, so can I…)

Howard Dean’s upcoming whirlwind tour of flyover country attracts some pub from the AP’s Emily Wagster Pettus, last seen here at Signifying Nothing looking for state legislators dumb enough to show at a Council of Conservative Citizens function (in the end, none were). Let’s play “spot the inconsistency in Howard’s message”:

Dean said today Democrats need to appeal to working-class whites and blacks in the South.

He will speak at a $75-a-ticket Democratic dinner at 7 p.m. Tuesday at the Clarion Hotel in Jackson.

Way to broaden the party’s base, Howie!

I’m not unsympathetic to Dean’s arguments, although I have to say that on the issues the Mississippi Democrats are “right” on—things like civil liberties, abortion rights, and even (gasp) raising taxes to fix this state’s massively clusterf-cked budget*—their legislative caucus doesn’t have the cojones to stand up and be counted. Instead, they waste everyone’s time with idiotic Republican-lite shit like cracking down on sales of cold medicine, and slather on a good helping of smoke-filled room politics† just to make it more embarrassing. Not to mention that back in 2001 you couldn’t find a white Mississippi Democrat without a foot in the grave—William Winter doesn’t count, so you don’t get to trot him out—who lifted a finger to get rid of the Southern Cross on the flag.

In short: wanna sell me on the Mississippi Democratic Party? Start acting like Democrats who have gerrymandered yourselves into safe seats for life, instead of Republicans who have gerrymandered yourselves into safe seats for life, because in a contest between real Republicans and fake ones I’ll take the real ones (see Musgrove, Ronnie). I’ll even let you keep Bennie Thompson, just so long as you promise to never put me in his district.

This is my entry in today’s OTB Traffic Jam.

David Bernstein has moved up from shilling his books to a post that can essentially be summed up as “please help pay my salary.” I kid you not.

Considering George Mason Law School? Are you considering attending George Mason, academic home of me and co-conspirator Todd Zywicki? People telling you that it’s crazy to consider Mason over a “superior” (i.e., higher-ranked in U.S. News) school? Well, I’m meeting an increasing number of GMU law students who have turned down, among other schools, local and regional competitors William and Mary, George Washington, and Georgetown (in fact, I’ve run into several students who turned down G’town but not G.W.; I didn’t think to ask, so I’m not sure if they didn’t get in or didn’t apply to G.W.). Several years ago, such students were few and far between, but not anymore. I don’t have exact numbers, but I’d say it’s pretty common (given that G.W. and G’town have way bigger entering class sizes than Mason, it wouldn’t take, from their perspective, many students who turned them down to make up a significant proportion of a GMU class—20 each, and you have a quarter of a GMU entering class!). Your mileage may vary of course, and one’s choice of law school is a highly individual decision. But if your heart is with GMU, and you want to reject a higher-ranked school, go for it, you will not be alone.

Why not include a referral code while he’s at it? If he doesn’t already have one, I suggest ”?exclude=davidb.”

Look, I get the institutional pride thing. If some kid with the grades and SATs asked me if he should go to Millsaps or one of the other alma maters, unless he was hard-core into engineering or really into math I’d tell him or her to come here—the hard-core engineer or mathematician I’d send to Rose-Hulman, and I’d only include math because they have a much bigger department. I’d even say the best undergraduate education you can buy in the Deep South (Alabama, Georgia, Louisiana, Mississippi, and South Carolina) is right here. But the idea I’d whore out my blog to plug my employer is patently ridiculous.

Will Baude explains the problem with the Court’s pseudo-jurisprudence on race and the Bill of Rights more generally:

Yesterday, the Supreme Court decided that separating prisoners on the basis of race, even for 60 days, ought to be subject to strict scrutiny (although it is as yet unclear whether they mean Adarand-strict or Grutter-strict). [emphasis mine]

This isn’t particularly surprising, since the Court rarely (never?) says racial classifications are subject to anything other than strict scrutiny—whatever the heck that means.

More in line with my pet peeves, readers are invited to comment on whether or not any standard of review other than “rational basis” (i.e. “we’re not going to do anything about it so long as the legislature or executive goes through the motions of justifying its action”)—heightened scrutiny, strict scrutiny, imminent lawless action, Lemon, whatever—is functionally equivalent to “we’ll strike it down if five of us are in the mood on that particular day.” For added Bonus Cool Points, pick any five cases where the court applied “strict scrutiny,” apply “heightened scrutiny,” and tell me if you get a different outcome in any of the cases.

Good ole Howard Dean is working his way up the “red state” ladder with a visit to Kansas before coming to Jackson on Tuesday.

Free advice for the Deanster: I know you wanna be the candidate for guys with Rebel flags and gun racks in their monster trucks, but Jackson’s a bit more of a pistol-in-the-waistband, low-rider and gold chains kinda town. But if you wanna get down with your Nascar-lovin’ homeys, there’s always the possibility of a side-trip to Brandon. Just don’t expect any of the Rankin County folks to pay $75 for the pleasure of your company.

Just what we all need, a visit from the Klan:

PHILADELPHIA — When Edgar Ray Killen’s murder trial starts April 18 for the 1964 killings of three civil rights workers, the Ku Klux Klan is expected to be there.

J.J. Harper of Cordele, Ga., imperial wizard of the American White Knights of the Ku Klux Klan, is requesting permission to demonstrate on the lawn of the Neshoba County Courthouse in support of Killen, an 80-year-old sawmill owner and part-time preacher who pleaded innocent to murder last month in the June 21, 1964, Klan killings of James Chaney, Michael Schwerner and Andrew Goodman.

The Web site of the American White Knights shows a hanging post with three nooses holding the severed hands of African Americans. The post reads “Murder in Mississippi,” but the word “Murder” is crossed out in red with the word “Justice” written over it.

Harper said his organization is both Christian and nonviolent, but he says on his Web site: “Brother Killen is being charged with murdering a n——- and two Jews back in 1964. Personally, I’d ask, ‘What’s wrong with that?’ ”

With tactics like this, one has to wonder whether the Klan is trying to get Killen convicted. Not that he probably needs much help in that department, mind you.

Bold the states you’ve been to, underline the states you’ve lived in and italicize the state you’re in now.

Alabama / Alaska / Arizona / Arkansas / California / Colorado / Connecticut / Delaware / Florida / Georgia / Hawaii / Idaho / Illinois / Indiana / Iowa / Kansas / Kentucky / Louisiana / Maine / Maryland / Massachusetts / Michigan* / Minnesota / Mississippi / Missouri / Montana / Nebraska / Nevada / New Hampshire / New Jersey / New Mexico / New York / North Carolina / North Dakota / Ohio / Oklahoma / Oregon / Pennsylvania / Rhode Island / South Carolina / South Dakota / Tennessee / Texas / Utah / Vermont / Virginia / Washington / West Virginia / Wisconsin / Wyoming / Washington D.C. /

* I don’t really know whether to count Michigan or not, since I’ve never stayed there for more than 30 days at a time. (þ: CheekyProf)

Leopold Stotch is none-to-impressed with the University of Memphis’ hiring practices, quoting from an ad that I’ve seen myself:

The University of Memphis invites applications for a non-tenure-track position in political science at the rank of instructor for the 2005–06 academic year. The main responsibilities of the position are in the area of International Relations and include lower division courses in International Relations plus upper division and graduate courses in International Conflict, International Relations Theory, and Research Methods and Statistics. The teaching load is five courses per semester; the salary is $30,000; Ph.D. is desired.

Necessary disclaimer: a fellow Ole Miss grad student (ABD, who also happens to be a Millsaps alum) currently holds this position. Did I mention I pray to God every day thanking Him that I only have to teach a 3–3?*

Both Jeff Goldstein and James Joyner aren’t particularly upset that the Supreme Court passed up an opportunity to overturn Alabama’s law prohibiting the sale of sex toys. Mississippi is one of two other states having such laws; apparently the early eighties saw a binge of women getting off with dildos, so the legislature (presumably not wanting competition in the “being dildos” department) decided to intervene.

The left half of the blogosphere is rather worked up by some comments from Power Line’s John Hinderacker, quoted as follows (I didn’t bother watching the video, so YMMV) in regards to the “mainstream” of the Democratic Party:

The whole mainstream of the party is engaged in an effort that is a betrayal of America, what they care about is not winning the war on terror…I don’t think they care about the danger to us as Americans or the danger to people in other countries. They care about power.

Not to put too fine a point on it, but isn’t this exactly the same thing we’ve been hearing about the Bush administration and Republicans from the Kos/Moore/MoveOn left for the past four years? That is, when they’re not calling Bush stupid. Goose, gander, and all that. (Update: As if on cue, Greg Wythe—no Deaniac or Sorosite by any stretch of the imagination—demonstrates exactly this sentiment himself saying “the only thing Republicans are consistent about is the quest for power alone.”)

Meanwhile, Jeff Jarvis has the cojones to call out The New York Times and the rest of the media for hyping the blue state-red state myth:

I’ll argue instead that it is big media who have, to use your words, accelerated “a general polarization of the nation into people, right and left….” Who is trading on the notion that we are suddenly a land of red v. blue but big media? Except for the oddities of the electoral college, as you know, our political maps would more accurately show us to be a nation of urban vs. exurban. Or I could be really difficult and contend that the close votes in the last two presidential elections actually indicate that we are getting closer. Big media have made division the key narrative of the age.

Readers are invited to tie together these two disparate thoughts as they see fit. There might even be a lesson in it, somewhere.

(Yglesias puts his post in the “Carter series,” and thus so will I.)

Starting in July we’re gonna get 20 more episodes of Battlestar Galactica according to Sci-Fi Wire. While the renewal was already public knowledge, the announcement that we’re getting 20 shows (up from 13 this season) with all of the main cast members returning (which, in some circles, might count as a spoiler) is the real news. (þ: David Janes)

This is my entry in today’s OTB Traffic Jam.

Although I don’t really buy the arguments of the “keep Terri Schiavo alive” brigade, Dean Esmay thinks her parents have a fairly strong case; read their side here. Unfortunately, I can’t find anything on Michael’s side except this statement from 2003 before Florida’s legislature got involved. The truth being a three-edged sword, take both with a rather large grain of salt.

I won’t pretend this is an easy issue, but I tend to think—whatever its other faults—the legal system does a better job of deciding these things than the court of public opinion or grandstanding politicans do, and the judiciary remains unconvinced of the merits of Ms. Schiavo’s parents’ case.