Notes on a Theory…

Thoughts on politics, law, & social science

Posts Tagged ‘equal protection

Who knew the reason libertarianism was so noxious was plagiarism?

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For reasons that are somewhat baffling, the coverage of Senator Rand Paul’s plagiarism in speeches and writings got wall-to-wall coverage for some time, although it has now died down. I’m not a fan of Paul, and I don’t think this sort of rampant taking of other people’s words and passing them off as his own is acceptable. Yet I find the whole episode strange. Now that it’s over, I wanted to step back to ruminate on the reaction to this and what it means for the left.

Two claims, largely implicit, have become quite common in Democratic-leaning circles, which are in tension.  First, is the idea that libertarians pose an existential threat to the country. Often, libertarian here is used interchangeably for ‘Tea Party,” and while that doesn’t always make sense, it might when it comes to Paul. And while some would make this same claim about the GOP as a whole, libertarians are singled out for particular scorn. Paul, then, is treated as far more threatening that the senior senator from Kentucky, Mitch McConnell. 

Now, I’m not sure how I would rate the two senators from Kentucky.  I’m sure one could make a case here. But it strikes me that the case is generally presumed, and the differences in terms of whose worse are generally presumed to be really large. This is even more troublesome give that, as minority leader, McConnell likely has a great deal more power in the Senate, regardless of what the comparison might tell us in the abstract. Read the rest of this entry »

Written by David Kaib

November 20, 2013 at 12:35 pm

Domestic Violence and Evictions: a Literal Denial of Equal Protection

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A bit late to this, but How Domestic Violence Survivors Get Evicted From Their Homes After Calling the Police, from Annamarya Scaccia, is just as horrifying as you would imagine from the title.

As outlined in the federal lawsuit filed April 24 on behalf of Briggs by the American Civil Liberties Union (ACLU), the ACLU of Pennsylvania (ACLU-PA), and Philadelphia law firm Pepper Hamilton LLP, Briggs had already been given three strikes under Norristown’s discretionary Rental License Ordinance. The ordinance gives the Montgomery County municipality the right to countermand a landlord’s rental license and provoke a tenant’s eviction if police respond to three “disorderly behavior” calls in four months, including domestic disturbances in which a mandatory arrest in not required.

The strikes Briggs received were the result of police calls made in April and May of last year—two of which were due to acts of domestic violence committed against her. In May, the borough began proceedings to revoke her landlord Darren Sudman’s rental license, but granted the property—and by extension Briggs—a 30-day probationary period after a late May hearing. Any violation during that period would have resulted in rescindment and eviction, claims the lawsuit.

That’s right – the County basically punishes the landlord for failing to punish a woman who’s experiencing domestic violence by evicting her. Read the rest of this entry »

Written by David Kaib

June 21, 2013 at 9:19 am

“The Struggle for Justice Doesn’t End With Me”

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Written by David Kaib

September 21, 2012 at 4:20 pm