Thursday, January 29, 2009


Interesante comentario de Eric Posner acerca de Sunstein:

"But what makes his work so interesting and influential is that he has a hard-headed appreciation of the problems of government, and has explored, with extraordinary imagination, approaches to regulation that harness the power of government without unduly infringing on people’s freedom or in other ways producing bad outcomes."

Mas aca hace referencia a las escaramuzas de Sunstein con la izquierda (y su apoyo en la cruzada del argentino Rick Revesz (Dean de NYU Law School):

What appears to have gotten Sunstein into trouble among the left is his support of cost-benefit analysis. Cost-benefit analysis, like libertarian paternalism, is a middle way between the deregulatory impulses of conservatives and the traditional regulatory agenda of those on the left. It is by no means a perfect instrument of regulation, and legitimate concerns about it have been raised—leading to a long-running academic debate about how it can be modified and improved. Unfortunately, cost-benefit analysis is a red flag for environmentalists, who associate it with the deregulatory philosophy of the Reagan administration, when it was first introduced in OIRA as a mechanism for screening most types of government regulation. And it is true that some in the Reagan administration saw cost-benefit analysis as nothing more than a bureaucratic hurdle, a measure for slowing down regulation.
But from the beginning, cost-benefit analysis has had the support of moderates and liberals (prominently, Ricky Revesz, for example, who has recently published a great book urging progressives to drop their opposition to it) who see it as a tool of good governance, not as a means for strangling regulations at their birth. Reagan himself was goaded into regulatory action when a cost-benefit analysis showed that ozone depletion generated enormous costs, and could be addressed with a cost-effective treaty, which has been a considerable success.

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Monday, January 26, 2009

Thursday, January 22, 2009

En Columbia Law School, hoy.

Thursday, Jan 22 at 12:10 pm

A Judge in Full: Personality and Jurisprudence

Featuring Judge Alex Kozinski and David Lat

Judge Alex Kozinksi is the Chief Judge for the United States Court of Appeals for the Ninth Circuit. David Lat works for Breaking Media where he is responsible for their network of blogs, and he previously worked as a law clerk for the United States Court of Appeals for the Ninth Circuit.

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Wednesday, January 21, 2009

El ojo avizor

Del discurso inaugural de Barak Hussein Obama:

What the cynics fail to understand is that the ground has shifted beneath them -- that the stale political arguments that have consumed us for so long no longer apply. The question we ask today is not whether our government is too big or too small, but whether it works -- whether it helps families find jobs at a decent wage, care they can afford, a retirement that is dignified. Where the answer is yes, we intend to move forward. Where the answer is no, programs will end. And those of us who manage the public's dollars will be held to account -- to spend wisely, reform bad habits, and do our business in the light of day -- because only then can we restore the vital trust between a people and their government. Nor is the question before us whether the market is a force for good or ill. Its power to generate wealth and expand freedom is unmatched, but this crisis has reminded us that without a watchful eye, the market can spin out of control -- and that a nation cannot prosper long when it favors only the prosperous. The success of our economy has always depended not just on the size of our gross domestic product, but on the reach of our prosperity; on our ability to extend opportunity to every willing heart -- not out of charity, but because it is the surest route to our common good.

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Thursday, January 15, 2009

Consejos del Chief Judge Alex Kozinski, Ninth U.S. Circuit Court of Appeals

Never point out that the opinion you are citing was written by a member of the panel.

While the moderator suggested that judges might “like being buttered up,” Kozinski offered that he could not think of a single federal judge who enjoys having his own opinions cited to him.

“It’s not just gauche,” the judge said. “It looks like you’re trying to trap me with my own opinion.”

The only thing worse, he quipped, would be “telling Willie Fletcher that ‘this is something your mom said.’” Ninth Circuit Judge William Fletcher, a Clinton appointee, is the son of Senior Judge Betty B. Fletcher, a member of the court since 1979.

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Wednesday, January 14, 2009

El tamaño del estado. La redistribucion a favor de los mas pobres. Andrew Jackson

Interesante discusion que se viene dando hace años sobre el tamaño del gobierno.

En este articulo Edward L. Glaeser, economista de Harvard, nos presenta una version poco difundida: small government igualitarism

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Economics has little say about how egalitarian society should be. That is a question for moral philosophers and the democratic process. However, economics does tell us to choose efficient means of redistribution, and cash transfers almost always involve less waste than the alternatives. Reducing the payroll tax not only avoids the problems inherent in trying to spend infrastructure money quickly, but it can also directly target aid to the poor, who need help more and will spend the cash more quickly. Now that’s the kind of small-government egalitarianism that would have appealed to Andrew Jackson.

Tuesday, January 13, 2009

Madoff. Dos tipos de justicia.

Drew Sorkin dice en el NYT:

Welcome to the two-tiered system of justice: one for the super-rich, the other for the rest of us. Judge Ellis’s explanation is not very satisfying.

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Reportaje a Eugene Volokh en la Revista de UCLA

Un gran tipo Eugene Volokh muy popular entre sus estudiantes, para nada de acuerdo con el boludeo de los progres, quizas por su formacion en las ciencias duras. Tuve oportunidad de conversar con el y su padre en una convencion en DC en diciembre ultimo. Ver aqui la entrevista.

Professor Conspirator

By Jack Feuer , Jeff Barnett-Winsby

UCLA Law Professor Eugene Volokh '83, J.D. '92, founder of the influential Weblog "The Volokh Conspiracy" and one of the foremost legal commentators in the U.S., is a man of many parts.

Born in Kiev, Volokh immigrated to the U.S. with his family at the age of 7. By age 12, he was a computer programmer. By 15, a college graduate. Libertarian-leaning with a conservative bent but unbound by doctrine, this brilliant Bruin is guaranteed to make you think.

Q: You were a tech wunderkind before you were a law professor. Did you have a "Eureka" moment when you decided to switch fields?

A: There wasn't one moment, it was a process. The legal system's rule-oriented focus, while not the same as the rules and mathematics in computers, appeals to a similar problem-solving mindset that I have ... I found myself also quite interested in leading what I call a semi-public life, participating in public debates but without the intense public life of an elected or other government official. I wanted to write op-eds, to testify before the legislature, to file briefs. And I got exactly what I wanted.

Friday, January 9, 2009

El Congreso

De acuerdo a H.L. Mencken:

"Congress consists of one-third, more or less, scoundrels; two-thirds, more or less, idiots; and three-thirds, more or less, poltroons

Thursday, January 8, 2009

Father Richard John Neuhaus, RIP

Richard John Neuhaus, 1936-2009

The fabric of life has been torn by his death, and it will not be repaired, for those of us who knew him, until that time when everything is mended and all our tears are wiped away.

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Sunstein Dream Job

Ayyy...Ayy...Ayyy...Ayyy...canta y no llores!

Ahora si que veremos al Profesorete Gargarella entrando y saliendo de la Casa Blanca

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"The dream job for administrative lawyers goes to a dream administrative law scholar. Now we'll see how we reconciles his minimalist predelictions (which value modesty over consistency and predictability) with his affinity for cost-benefit analysis (which aspires to consistency and predictability over all else)." David Zaring

Julius Evola, EL MAESTRO