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Sheldon Richman
Norwood, Ohio, a suburb of Cincinnati, is the scene of another corporate-state land grab, majestically called"eminent domain." (Think about what that phrase implies.) Here's the news story. The city has condemned 60 middle-class homes and businesses so that the properties can be conveyed to developer Jeffery Anderson and partners for expansion of a swanky shopping center and apartments. The new shopping-center wing would feature a Crate and Barrel store. (You can complain to the chain here.) Two homeowners refuse to bow to the state and have gone into court, with the help of the Institute for Justice. The case is now before the Ohio Supreme Court. During oral argument Wednesday, a member of the court asked an attorney for the town why the local government should have the power to brand properties"blighted" and to take them against the will of the owners."In the end, it is up to the City Council to make that decision because they know the community best," said the attorney. Such arrogance from political hacks.

This is really getting out of hand. Big retailers (Wal-Mart, Costco, and others) should be ashamed of themselves for seeking to build stores on stolen property. It's time that we make them aware that we know what they are doing. No one without political connections is safe. The U.S. Supreme Court said last summer that taking private property in order to turn it over to developers is constitutional. Score another one for Spooner. At least the Supreme Court ruling prompted people to put the heat on politicians in some states. As a result, it might be slightly tougher for governments to seize land for so-called economic development. But in most cases, they can get their way by declaring a property"blighted." It's a virtual blank check. We'll be safe only when people realize that eminent domain strikes at the heart of liberty.

Laissez-faire voluntarists have long maintained that that the difference between being pro-market and pro-business is vast. Business was never enthusiastic for open competition, preferring the safety of protectionism in all its many forms -- consumers and workers be damned. We're at the point where being pro-market requires being anti-business.

Cross-posted at Free Association.

Friday, January 13, 2006 - 07:18


David T. Beito
One of my favorite historical anecdotes is that a British band played "The World Turned Upside Down" during the surrender ceremony at Yorktown. I regret to report that this story is probably not true.

Friday, January 13, 2006 - 12:39


Kenneth R. Gregg
"The danger is not that a particular class is unfit to govern. Every class is unfit to govern."--John Emerich Edward Dalberg
It would be remiss of me to neglect the anniversary of John Emerich Edward Dalberg Acton's (Lord Acton or First Baron Acton of Aldenham--01/10/1834-06/19/1902) birth in Naples, Italy. Historian of the first water, classical liberal, author of "the greatest book never written" as well as many other works, could comment on any and all events of his time and of world history. Based on his cosmopolitan background, family (only son of Sir Ferdinand Richard Edward Acton, he inherited a large estate and was to become the eighth baronet of Aldenham Park in Shorpshire at the age of three--his step-father was Lord George Leveson--Earl Granville, William Gladstone's Foreign Secretary), life-long thirst for knowledge, and his studies under studied at the University of Munich under Ignaz von Döllinger, he emerged as a prominent Catholic liberal with a passion for classical liberalism.

Acton pursued electoral politics and entered the House of Commons (1859-1868) for the Irish constituency of Carlow. Gladstone would reward him for his support for classical liberalism through a peerage (1869).

Acton became the part owner and editor of the English periodical, The Rambler (1859), the organ of the"Liberal Catholics." He wrote for The Rambler and for others, including, the Chronicle and the North British Review. When Acton closed down The Rambler, it soon arose as a quarterly, The Home and Foreign Review.

It was through The Rambler and his involvement in the first Vatican Council, that Acton became known as one of the most articulate defenders of religious and political freedom. He argued that the church faithfully fulfills its mission by encouraging the pursuit of scientific, historical, and philosophical truth, and promoting individual liberty in the political realm.

The 1870s and 1880s saw the continued development of Acton's thought on the relationship between history, religion, and liberty. During that period he began to construct outlines for a universal history.

Acton was to found the English Historical Review (1886). He received degrees from both Cambridge (1888) and Oxford (1889). He was appointed Lord-in-Waiting to Queen Victoria (1891), and became Regius Professor of modern history at Cambridge University (1895). From this position, he deepened his view that the historian's search for truth entails the obligation to make moral judgments on history. Although he never finished his anticipated universal history, Acton planned the Cambridge Modern History series and lectured on the topics upon which his later books were culled from.

Upon his death in 1902, Acton was considered one of the most learned people of his age, unmatched for the breadth, depth, and humanity of his knowledge. He was a true classical liberal in the best sense of the term. As Harold Butler said:

"With his vast erudition and universal outlook Acton was better equipped than any modern English thinker to expound the true nature of the problems which now beset us. ... democracy was a revolt against the political autocracy of absolute monarchs or dictators, but democracy itself might breed a new kind of despotism. "Popular power may be tainted with the same poison as personal power." The authority of the people must be restrained by constitutional checks and balances to safeguard freedom and the protection of minorities. "The will of the people cannot make just that which is unjust.""--foreword to G.E. Fasnacht's, Acton's Political Philosophy (London: Hollis & Carter, 1952).

Just a thought.
Just Ken
CLASSical Liberalism

Friday, January 13, 2006 - 23:31


David T. Beito
Conservatives used to oppose racial and gender preferences, arguing instead that individual merit should trump other considerations in personnel decisions. Apparently, this is no longer the case, at least at the Frontpage. Instead of making a principled case against racial and gender preferences in his testimony this week to the Pennsylvania legislature, David Horowitz called on the legislature to pile on new ones covering ideology:

you could recommend that universities amend their diversity mandates, which now cover race and gender, to include “diversity based on political and religious affiliation.”


Thursday, January 12, 2006 - 16:44


Mark Brady
David Hirst reported from the Middle East for the Guardian from 1963 to 2001. Here he provides a thoughtful assessment of the dire consequences of U.S. intervention.

Thursday, January 12, 2006 - 22:57


Roderick T. Long


I blogged about this a few days ago on my own site, but it’s worth adding here: bloggers who want to support Maye can prevent the issue from sliding off their front page and into their archives by getting a pro-Maye banner or button and linking it to www.mayeisinnocent.com or some such site. I made my own (shown here), but Laura Denyes has a whole page full, with codes.


Wednesday, January 11, 2006 - 15:30


Gene Healy
Nobel prizewinner Joseph Stiglitz and coauthor conclude that Iraq war, all told will cost over a trillion dollars. I'm sure they'll be faulted in the troglodosphere for not taking into account the costs we've avoided by undertaking the war. Like the destruction Saddam's dread unmanned aerial vehicles were sure to wreak on America's cities.

Wednesday, January 11, 2006 - 15:40


David T. Beito
In the wake of today's tragedy, let me try to expand upon some of Mark Brady's thoughtful observations.

The war bloggers at Hit and Run and elsewhere have pointed to the London bombing as evidence to justify the Iraq War. Previously, however, many of these same war bloggers had asserted that the lack of a terrorist attack in Britain and the United States was evidence that the Iraq war was a success.

I noticed the same phenonemon after the the Madrid bombing. At the time, I made the case that those who tried to deply both arguments for the war had not only contradicted themselves but had flunked Karl Popper's test of falsifiability. Let me restate what I said then. Only this time, I will subsitute the words London for Madrid.

According to Popper,"A theory which is not refutable by any conceivable event is non-scientific. Irrefutability is not a virtue of a theory....but a vice."

I submit that advocates of the pro-war position seem generally oblivious to the need to fulfill this test and thus fail Popper's falsifiability principle.

Here is the pro-war approach to the London Bombing and the question of terrorism in general:

Terrorism goes up? One argument for why the Iraq war/occupation was justified.

Terrorism goes down? One argument for why the Iraq war/occupation was justified.

I will admit that the pro-war folks have a lot of moxie. They contend (or at least strongly imply) that the London bombing provides an argument for why their side was right all along.

On the other hand, any fair advocate of the anti-war position would admit that the case against the war/occupation can be falsified. Thus....

Terrorism goes up? One argument for why the Iraq war/occupation was unjustfied.

Terrorism goes down? One argument for why the Iraq war/occupation was justified.

When will the pro-war side construct a set of arguments that can be tested by Karl Popper's falsifiability principle? In other words, when will they tell us how their position can be refuted? We are waiting.


Tuesday, January 10, 2006 - 19:50


David T. Beito

Tuesday, January 10, 2006 - 20:10


Radley Balko
The Cory Maye case grows curiouser and curiouser.

As I've mentioned before, Cory Maye's lawyer on appeal is Bob Evans, who also happens to be the public defender for Jefferson Davis County. For ten years, Evans has also served as the public defender for the town of Prentiss, the seat of Jefferson Davis County.

It now appears that the Prentiss Board of Aldermen have fired Evans as the Prentiss public defender. His transgression? Representing Cory Maye. Evans told me last month that he'd been warned that if he agreed to take this case, he could well be fired. Looks like whoever warned him was correct.

With his permission, here's the email Evans sent to me this morning
Just found out this a.m. that the Town of Prentiss has"decided to go another route" pertaining to my position as town public defender. In other words, they have now made official what was intimated to me back in December and have fired me.

The explicit and sole reason given to me by the mayor was that my representation of Cory Maye was not to the liking of the aldermen. I guess it wasn't to the mayor's liking either since, to the best of my knowledge, he didn't veto their decision. Of course, I have no doubt that it's a politically popular decision among the Caucasians of Prentiss. But what in life is not, at least to some extent, political?

When apprised that this move was being contemplated, although I doubted that it would make any difference I requested the courtesy of being allowed to appear before the board to express my reasons for representing Cory. They did not deign to grant me this opportunity.

I have been Prentiss public defender officially (salaried) since February 1995 and unofficially for several years prior. During that time not one official complaint has been communicated to me about my performance. Of course, there have been many unofficial complaints about me"getting all those guilty people off."

What it boils down to is something that I have known and personally observed about members of the"unwashed masses" for many years: When the Constitution and Bill of Rights are applied to benefit others, the right to counsel, due process, fair trial et al. are"technicalities". Criminals get off on technicalities such as the 4th Amendment. Only when one of their asses is in a sling are these same documents"fundamental rights".

But what the hell. Four hundred a month ain't gonna bankrupt me. This decision, to me, is an indication that the"powers that be" actually believe that we can win Cory's appeal. That is a refreshing thought. I have always liked the adage"He who laughs last laughs best."

This afternoon, I made some phone calls to Prentiss officials to verify the reason for Evans' firing. My first call was to the mayor, Charles Dumas. One thing to keep in mind about Dumas -- he's very close to the family of the late Officer Ron Jones. In fact, in one December 28, 2001 article from the Jackson Clarion-Ledger, Dumas is described as spokesperson"on behalf of the Jones family."

Mayor Dumas told me he couldn't say one way or the other if Evans' story was true, and that if I wanted to know why the Board fired Evans, I'd have to talk to the aldermen. I asked him specifically about the conversation Evans said they had this morning, in which, according to Evans, Mayor Dumas said the termination was in direct retaliation for Evans' representation of Maye. Mayor Dumas said,"Bob and I had a personal conversation. I won't comment on that. You'll have to ask the Board why they fired him."

So I called the board. Aldermen Terry Brinson and Robert G. Miller didn't answer their phones, and had no answering machine or voicemail. I left messages on the answering machines of Aldermen Danny L. Daniels and Willie Davis.

The only alderman I was able to get in touch with was Sylvia Ward. Ward told me that she didn't feel comfortable telling me why the Board fired Evans, and that if I really wanted to know, I'd have to come down to Mississippi and ask the board"as a whole." I told her that the Mayor told me only the board could tell me why Evans was fired, but that I had reason to believe it was because he was serving as counsel for Cory Maye. Again, she said, I'd either need to request a copy of the minutes or come down to Mississippi and make my request in person.

You are, of course, free to draw your own conclusions here. But of the two Prentiss officials I've spoken with so far, neither has denied that his representation of Maye was the reason for Evans' termination, and both were rather coy when I suggested it.

It seems pretty clear to me that Evans was fired from his job as Prentiss public defender in direct retaliation for representing the man who shot the town police chief's son in his death row appeal.

The fact that the town took such petty retaliatory measures against a public defender for doing exactly what he's supposed to do -- represent an indigent defendant -- certainly doesn't inspire confidence in the way justice is meted out in Prentiss.

Archive of Cory Maye posts here.


Tuesday, January 10, 2006 - 19:51


Roderick T. Long
[cross-posted at Austro-Athenian Empire and the Molinari News Page]

The Molinari Institute is pleased to announce that later this year we will begin publishing a magazine of radical libertarian political and social analysis titled The Industrial Radical. (“Industrial” in Herbert Spencer’s sense, “Radical” in Chris Sciabarra’s sense.) We hereby invite submissions. (See our submissions guidelines and copyright policy. Also note that The Industrial Radical is a popular magazine, not an academic journal; formal, scholarly articles might be more appropriately submitted to, oh, um, say, the Journal of Libertarian Studies.)

Submissions may be of any length, from a brief paragraph to a lengthy essay; we also welcome a diversity of perspectives, whether you dance to the music of F. A. Hayek, Murray Rothbard, Benjamin Tucker, Henry George, or Emma Goldman. Previously published pieces are fine so long as they meet our copyright requirements. We plan to publish themed issues (see theme topics and submission deadlines here), but please don’t refrain from sending us an article just because it doesn’t fit an upcoming theme; the themes are designed to inspire submissions, not discourage them.

Please pass the word, by blogpost or email, to anyone you think might be interested in contributing. (Advance subscriptions are available too.)

Tuesday, January 10, 2006 - 20:18


Sheldon Richman
There is something pernicious in the media's response to the Abramoff scandal. Jeff Greenfield of CNN this morning was regaling Don Imus with some of the details of how Abramoff paid congressmen to do his clients favors, such as block labor legislation in the Mariana Islands or help an Indian tribe get exemption from federal taxation."You can't make this stuff up," Greenfield said. What's missing from that sort of comment is that this is what government does; it's what it has always done! (If there were no power to impose labor legislation, or other kinds of coercive favors, or to tax, no one could be bribed to prevent it.) Being surprised that it happens is like being surprised that monkeys eat bananas. These commentators surely know this. But their mission to promote the"democratic" consensus obliges them to encourage people think it once was—and could again be—otherwise. They are committed to making sure people never realize that plunder is the essence of the state.

Hat tip: Frédéric Bastiat.

Cross-posted at Free Association.

Tuesday, January 10, 2006 - 23:22


Sheldon Richman
The Jack Abramoff story reminds me of an important book of a few years ago, Fred McChesney's Money for Nothing. Most people think that corruption in politics consists of donating to a congressional campaign so that the senator or representative will sponsor and vote for a bill that will do a favor for the donor. McChesney discusses a different sort of corruption: the harvesting of donations so that congressmen won't do something. Government holds the power to ruin specific interests by passing a tax, or a tax exemption or subsidy for a competing interest, or a regulation. This means that not doing something can be worth a lot of money to someone, and it can become a lucrative source of campaign money. McChesney says that members of Congress have made speeches suggesting some tax or regulation with the sole intention of gaining contributions from people hoping to dissuade them from doing what they suggested they might do.

Thus state plunderers have found yet another way to extort money from productive people.

Cross-posted at Free Association.

Tuesday, January 10, 2006 - 23:42


David T. Beito
Ralph Luker at Cliopatria has an excellent summary of our unsuccessful fight to get the AHA to oppose speech codes that restrict academic freedom. I'll have more to add, either later today or tomorrow:

To put it bluntly, our asses were thoroughly kicked, not just once but twice. We sought an endorsement by Historians Against the War and lost by a vote of 15 to 4. There, I argued that, if we are strong enough to be free, we must be strong enough to endure offensive speech, but a largely unthinking soft Left majority prevailed because"I'm against speech codes, but they don't inhibit opposition to the war." HAW made sure that its majority was notified when the issue arose in the AHA business meeting. There I reminded those in attendance that, despite our specific request, David Montgomery's OAH Committee on Academic Freedom had refused to address the issue of speech codes. That irritates me personally because the issue was brought to their attention and two of that committee's four members have been friends of mine for 30 and 40 years.

The only really bright spot was that Jonathan Rose, a distinguished historian at Drew University, offered an eloquent and impassioned plea in support of our position. Lest you forget – and dismiss our position as a reactionary camel's nose under the tent – I'd remind you that Jonathan Rose is the author of the multiple prize-winning The Intellectual Life of the British Working Classes. When our substitute resolution lost on a voice vote, Professor Rose walked out of the meeting. In a subsequent e-mail to me, he wrote:"I could no longer stand the fog of stupidity in the room and the obvious dishonesty of our opponents (‘Of course I oppose speech codes -- but...')." You read that correctly. Those who voted against the substitute resolution in HAW"because speech codes don't inhibit opposition to the war" came to the AHA business meeting to vote against the substitute motion"because speech codes are a complicated issue, not a matter of pressing concern." But I heard a couple of old war horses on the Left, who have no record in favor of free speech, say"Of course, I oppose speech codes, but ...." I, for one, intend to hold their bloody hooves to the fire on their commitment to the first part of that statement. We could have brought the meeting to a halt by persisting in pointing out that there was no quorum present, but decided that it was more important to resolve against David Horowitz's"Academic Bill of Rights." Next year, supporters of speech codes had better get at least 100 members of the AHA to its business meeting.


Monday, January 9, 2006 - 20:22


Mark Brady
As many readers know, I am an avid reader of obituaries. Some of you may be aware that the Marxist / socialist economist Harry Magdoff died on New Year’s Day. If you’re interested in reading a useful account of his life and work, especially his analysis of U.S. imperialism in the twentieth century, go here. It’s the best account I’ve come across. John Bellamy Foster’s article includes a bibliography and many links. I found it really quite helpful in understanding Magdoff’s ideas.

I don’t think it’s too much of a stretch to discern a parallel between Harry Magdoff and Murray Rothbard with regard to their influence upon, and the affection in which they were held among, respectively Marxists and libertarians.

Sunday, January 8, 2006 - 14:36


Gene Healy
Here (.pdf) is a copy of the new CRS report on warrantless surveillance by the executive that made the front page of the Washington Post today. According to the Post:

A report by Congress's research arm concluded yesterday that the administration's justification for the warrantless eavesdropping authorized by President Bush conflicts with existing law and hinges on weak legal arguments.

The Congressional Research Service's report rebuts the central assertions made recently by Bush and Attorney General Alberto R. Gonzales about the president's authority to order secret intercepts of telephone and e-mail exchanges between people inside the United States and their contacts abroad.

I haven't read it yet.


Saturday, January 7, 2006 - 20:40


David T. Beito
The members of the AHA Business Meeting just passed up an opportunity to speak loud and clear for the cause of academic freedom. After a lively debate, an overwhelming majority rejected our substitute resolution (co-sponsored by Ralph Luker and Robert K.C. Johnson) that would have put the AHA on record as opposing speech codes and David Horowitz's Academic Bill of Rights (ABOR) as twin threats to academic freedom. Ralph Luker of Cliopatria was particularly eloquent in his defense of the substitute but it was to no avail. After the members rejected the substitute, they voted for the original and, clearly weaker, resolution that condemed the ABOR but was silent on speech codes.

This vote is a great disappointment and critics will have a field day. They will charge--and with some justification--that it shows that the AHA subscribes to a double standard of"academic freedom for me but not thee"). At the same time, I am grateful to President James J. Sheehan and all the other AHA officials who presided over the meeting. At every stage of the process, they bent over backwards to be fair to the sponsors of the substitute.

I am still in Philadelphia and will blog on this at greater length when I return. Many thanks again to those who joined us in waging the good fight for academic freedom.


Saturday, January 7, 2006 - 23:49


Radley Balko
For those of you interested in the Cory Maye case...

Bob Evans, Cory Maye's attorney, has set up a legal defense fund for Cory. Evans will deposit the contributions into a trust fund, with he and Cory as required joint signatories. He'll also send you a receipt if you send a return address with your check.

Why does Maye need a defense fund? First, Evans is a public defender. Now that Maye's trial is over, Evans gets no state money for private investigators, expert witnesses, and the like. It would be nice to have a forensics expert look at Dr. Hayne's autopsy for example (I'll have more on Dr. Hayne later), or to have an investiagor track down Jamie Smith and his family, or neighbors, to see if their account of the night's events match up with the police version of the raid. I'm sure Evans could also use some legal help on the appeal. Last I heard, the D.C. firm looking into taking Maye's case pro bono was still reviewing the case to see if it presented any internal conflicts of interest. I'll let you know when I get an update.

Next week at my site, I'll be posting PDFs of the autopsy report on Officer Jones, the crime lab report on the bullets and shell casings found at the scene, the motion filed by Rhonda Cooper for a new trial, and the amendeded motion subsequently filed by Evans.

As it stands now, the state is preparing its response to the Cooper-Evans new trial motion. There will be a hearing set once the state files its response.

Contributions can be submitted to:

Cory Maye Justice Fund
c/o R.E. Evans
P.O. Box 636
Monticello, MS 39654

Archive of my posts on Cory maye here.

Friday, January 6, 2006 - 10:27


Radley Balko
My Fox column this week makes predictions for the year ahead, albeit with a bit of a twist at the end.

Friday, January 6, 2006 - 10:30


Roderick T. Long

Friday, January 6, 2006 - 15:55