Brian Pierce
Should the CA Supreme Court Overturn Prop 8?
News broke yesterday that the California Supreme Court will be hearing oral arguments in March on a challenge the constitutionality of Proposition 8, the “amendment” to California’s constitution prohibiting same-sex marriage. I put the word “amendment” in quotes because whether Prop 8 actually constitutes an amendment is a big part of the dispute. The court directed the parties to argue three issues:
- Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?
- Does Proposition 8 violate the separation-of-powers doctrine under the California Constitution?
- If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?
The Exclusionary Rule & Comparative Law
The New York Times ran an interesting story yesterday about how the Supreme Court is inching closer and closer to repealing the exclusionary rule, a principle in criminal procedure in which any evidence that is improperly obtained by the state is automatically inadmissible in court. The story talks about last month’s decision in Herring v. United States, in which Chief Justice Roberts seemed to advocate a new standard for excluding evidence, writing (emphasis mine):
To trigger the exclusionary rule, police conduct must be sufficiently deliberate that exclusion can meaningfully deter it, and sufficiently culpable that such deterrence is worth the price paid by the justice system.
This statement suggests that Roberts believes in a balancing test for excluding evidence rather than automatic exclusion, which has been a principle of American criminal law since the Warren court laid it down in 1961 in Mapp v. Ohio.
Movie Question for the Agora
What’s the most American movie you can think of? We’re doing movie nights here where each country screens a film. This past week the Brazilians chose City of God, a fantastic movie directed by Fernando Meirelles (The Constant Gardener, Blindness) about crime in Rio de Janeiro. I’ve heard that the Germans might be showing The Lives of Others, another great movie about surveillance in East Berlin toward the end of the Cold War. It’s a little more difficult for the Americans, since we make so many movies. Some of us were thinking a movie about American politics would be fitting (something like Mr. Smith Goes to Washington), or because it’s a legal program a legal drama (e.g., 12 Angry Men), or because it’s an international legal program something like Judgment at Nuremberg. But there are also certain movies about American culture – roadtrip movies, or movies about suburban malaise, or movies that are made or take place during a particular pivotal era in American history. There have been a bunch of ideas floated, but I thought I’d open it up to you guys: if you could choose only one movie to sum up American life and culture, what movie would you choose?
On the Inauguration and Religion
I watched the Inauguration here in London with the other students in my program, a group of mostly non-Americans happy about Obama’s election and ready to join in the celebration. The experience was not particularly different from what it would have been like to watch with a group of friends in the US, with one notable exception: the surprise and distaste for the religious overtones throughout the ceremony.
Oscar Predictions
Oscar nominations were announced today, with some fairly surprising inclusions and omissions in a few categories. Of particular note is that the Dark Knight was not nominated for best picture, because the Academy apparently wants to make itself as irrelevant and boring as humanly possible. Anyway, I’ve already given my rundown of what I considered the best in film this year, so I won’t bother rehashing who should and should not have been nominated. But before I read anybody else’s predictions, I am going to lay down my own for the major categories. We’ll see how poorly I do when the Oscars are presented on February 22nd.
Top 5 Musicians From London
…in honor of my first 24 hours in my new home, from best to worst (note that this is London-exclusive, not all of the UK):
- David Bowie
- The Rolling Stones
- The Sex Pistols
- The Clash
- Queen
Honorable mentions: Elvis Costello, the Kinks, Bloc Party, the Who
Me, in London
So I arrived last night in London, where I will be staying this semester as part of the Center for Transnational Legal Studies, which is a study-abroad program Georgetown organizes where students and professors from 11 countries around the world come together to study international law-related stuff. I’ll be taking classes in International Legal Institutions (focusing on the UN), International Humanitarian Law, and National Security & Human Rights (comparing the approaches of the US and the UK).
Anyway, I’ve started up a travel blog, which is located here. It will probably be mostly personal stuff where I post pictures of places I visit in London and around Europe, but if I write something travel-related that a broader audience might be interested in, I’ll cross-post it here. Just a heads up for those interested.
Failing to Lead on Israel
There are a lot of political incentives for Israel to drop bombs on Palestinians and kill hundreds of them: there’s an Israeli election coming up in February, and Hamas has been firing rockets aimlessly into Israeli territory (killing nobody). There are also a lot of political incentives for Hamas to welcome this bombing: the more brutal Israel becomes, the more radicalized the Palestinian population becomes, and therefore the more supportive of Hamas.
An escalating conflict that kills hundreds (i.e., what’s been going on the past few days) would therefore be unsurprising. That’s obviously not in the best interests of the United States, nor is it in the best interests of the Israeli or Palestinian people. But because the political interests of the Israeli government and Hamas are, in this instance, at odds with the interests of their respective people, it’s unlikely that they will arrive at a peaceful solution. Unless, of course, some influential third party could put pressure on Israel and/or Hamas.
The United States has a great deal of influence over Israel. Israel is bombing Gaza and killing hundreds in a disproportionate response to rocket attacks that have killed nobody. The US could therefore probably prevent a lot of Gazans getting blown up if it told Israel to knock it off. Such a resolution would be in everybody’s best interests.
And yet we’re not doing that.
It’s obviously antisemitic to say this, but it’s almost as though an irrationally pro-Israel group of people – let’s call them a “lobby” – is exerting an undue amount of influence over American political leaders, preventing them from practicing responsible foreign policy.
The Year in Film
This was not a year of perfect, universally adored movies. The best films of the year all contain the kinds of quirky appeal that tend to divide audiences, and all of them are flawed. But quirky, flawed movies can often be the most compelling, interesting, and endearing.
The Year in People
A look back on the year’s most influential and newsworthy people in America and around the world.