After tomorrow, the campaign to win the election will be over and the campaign to win the post-election fiasco will be in full swing.
Via The Trademark Blog, here is a useful list of voting-related items:
Voting Information
To find out where to vote, check
Learn about e-voting (which we are far too low-tech to use here in Brooklyn) from some leading experts at evoting-experts and read their practical tips on how to cast a vote using a direct recording electronic voting system.
Learn about the various legal challenges to various voting procedures from Prof. Rick Hasen at the Election Law blog
Party or drink away your sorrows with Votergasm, The Election Party, or at another event, such as those in Citysearch’s list of election night events
And, to bring back some links from the last couple of weeks:
The New Yorker’s endorsement of John Kerry for President: The Choice

The Bush Administration has had success in carrying out its policies and implementing its intentions, aided by majorities—political and, apparently, ideological—in both Houses of Congress. Substantively, however, its record has been one of failure, arrogance, and—strikingly for a team that prided itself on crisp professionalism—incompetence.

Ron Suskind, in the NY Times Magazine: Without a Doubt

The [senior White House] aide said that guys like me were ”in what we call the reality-based community,” which he defined as people who ”believe that solutions emerge from your judicious study of discernible reality.” I nodded and murmured something about enlightenment principles and empiricism. He cut me off. ”That’s not the way the world really works anymore,” he continued.

Lawrence Lessig: enblogment: For Kerry

The Price of Loyalty tells a story about a terrifying White House. The terror is the role of politics in this White House. No doubt, every White House has a political director. But at its core, policy should be the driver. Politics might wrap the policy; politics might guide its execution. But if a Presidency is to be more than a machine to assure reelection, then commitment must be to something more than the machine to assure reelection.

RNC Roundup

Cyclists ride, get arrested

Mike, of Satan’s Laundromat fame, went indirectly to jail

After taking some pictures of Critical Mass riders getting arrested, I turned to walk away and suddenly was in cuffs, one of the 264 cyclists and random passers-by arrested Friday night. Rather than writing us summonses for the offenses we were charged with, which were violations (on par with a traffic ticket or an open container), not even misdemeanors, the cops decided to teach us a lesson by hauling us over to a bus depot-turned-holding cell where we got to sleep in cages on diesel-sludge-covered concrete.

NY Times reports: 100 Cyclists Are Arrested as Thousands Ride in Protest
Felix Salmon rode in Critical Mass, but stayed out of jail: Scenes from the protests
Callalillie has photos from Critical Mass: A27 Critical Mass and A27 Critical Mass Part II

Protests, Media and More

Gothamist rounds up the photoblog posts from the big protest. See e.g. Citying and Callalillie.
WNYC: convention central
Blogger Vidiot is blogging and photo-blogging from within the media madness.
New York magazine is blogging at The Convention Kicker.

You mean there are issues, too?

Legal Fiction looks at one of the policy failures of the Bush administration with The Case Against Bush Part I: The War on Terror

Unfortunately, I soon realized that Bush was not assessing new circumstances and adapting to them. Rather, he got cosmically lucky. His gross simplifications and black-and-white thinking were not calculated responses that were manifestations of growth

Don’t Call it a Comeback

He came in third behind Kerry and Edwards. Dean’s done. At least that’s what the pundits seem to think. It is far too early to count Dean out. The doctor is still sitting on a lot of money and enthusiasm. A strong showing in SC might keep Edwards going for a little longer, but I doubt he has the money to be competitive with Dean and Kerry. Only after NH next weekend will it be possible to understand where the primary is going… except that neither Lieberman, nor Kucinich, nor Sharpton is going to win the nomination.
One explanation for the Iowa results is that voters respond to positive messages (Edwards, in particular, avoided negative campaigning) and don’t like “angry” politicians. Perhaps the lesson for the eventual nominee to take away from Iowa is to avoid directly attacking Bush in the general election, but instead describe a hopeful vision for the future and leave actual attacks to everyone else who has a reason to oppose Bush. is a start.
This is the last I intend to write about the primary elections here. Kos, TPM, Salon and The Daily Show already do a much better job than I will be able to, so it’s back to postings relating to law school, other assorted legal stuff, random NYC minutia, Mac fanaticism, music, reality TV, parody songs, and space policy.
Yes, the title of this post is merely a weak excuse to link to Mama Said Knock You Out

Market-based intelligence

Um, maybe free markets aren’t the ideal solution for every problem.
Darpa’s Policy Analysis Market would evaluate terror threats based on a market exchange.
Boston Globe: US eyes market to predict terror
Metafilter: Pentagon Plans Futures Market for Events in Mideast
NYT: Pentagon Prepares a Futures Market on Terror Attacks
NYT: Pentagon Abandons Plan for Futures Market on Terror
AP: Pentagon’s Futures Market Plan Condemned
Wired News: The Case for Terrorism Futures 
NYT: Poindexter’s Follies: “The time has obviously come to send John Poindexter packing and to shut down the wacky espionage operation he runs at the Pentagon.”

Tenet Takes the Blame

George Tenet stepped up for team Bush and took the blame for publicizing the false information linking Iraq with a purported purchase of Uranium in Niger.
Before announcing that he plans to step down as Director of the CIA, Tenet plans to accept the blame for:

If there is anything else Tenet is likely to take the blame for, add a comment.
Atrios and associates are doing a great job following the real story,

Theocrats in Washington

Today, the House passed H. Res. 153 “Recognizing the public need for fasting and prayer in order to secure the blessings and protection of Providence for the people of the United States and our Armed Forces during the conflict in Iraq and under the threat of terrorism at home.” A public need for prayer and fasting? Oy vey. Why do I get the feeling that the House is saying, “we’re not really doing anything to ensure your safety, so you might as well just pray.” This resolution is highly disturbing. Perhaps the House should ask the President to call up the Saudis (since he’s not really on speaking terms with the Ayatollah) and coordinate the effort with a genuine theocracy so they can show us how it’s really done.
Prof. Volokh believes that the resolution is very wrong, but nevertheless does not violate the Establishment Clause because it is consistent with the Court’s ruling in Marsh v. Chambers (a state legislature did not violate the Establishment Clause when it opened each day’s session with a prayer offered by the legislature’s chaplain.)
More later…
Interesting…. Some on city council snub atheist’s invocation

Grassroots blogpaining

In today’s NYT Circuits section, Lisa Napoli writes about how Howard Dean supporters are using free Internet tools to organize. Like Online Dating, With a Political Spin

Several hundred people crammed the sleekly decorated space, clutching beers and awaiting former Gov. Howard Dean of Vermont, a Democratic presidential candidate. Outside, several hundred more formed a line halfway around the block….
What was remarkable that Wednesday evening was not just the size of the crowd gathered to meet a dark-horse candidate 20 months before the next election. More surprising was that the official campaign staff did not organize the rally.

Dean supporters are using Blogger and MeetUp to communicate and organize. While in 2000, the Bush, Gore and Nader campaigns all used email to communicate with supporters, 2004 could represent a shift towards more grassroots organizations. Instead of the campaigns organizing support from the top down, supports can easily organize themselves from the bottom up. In this next election, supporters may organize themselves as “Smart Mobs.” Hopefully this represents a step forward towards a more engaged and informed electorate.
This is just another example of how online grassroots organizing (or blogpaining1) is starting to emerge as the fundamental building block of political movements. Not just with fun little diversions like Atrios’s “Blitzer Time,” but as a global movement, like the anti-war protests organized by MoveOn. In this Sunday’s NYT Magazine, George Packer discussed MoveOn and more in Smart-Mobbing the War.
While Big Media was the key to politics in the 20th Century, micromedia, smart mobs and grassroots networks will be the key to politics in the 21st century.
(1)Yes, this is a godawful term, but it’s my site, and I reserve the right to introduce new and ridiculous terms


Yale Law Prof. Jack Balkin wrote two excellent opinion pieces this week. One in the LA Times: A Dreadful Act II, and the other on his blog: Is the President up to the Job?

Bush’s failures as President will emerge over time– as our alliance with Europe is damaged, as our economy stagnates, as the costs of war mount. Eventually, people will see that the aggressive singlemindedness they so admired in the wake of 9-11 was ill-equipped to deal with the complexities of a post 9-11 world. They will see that he has done on the world stage exactly what he did before in his career as a businessman: He has made a very big mess, and someone else is going to have to clean that mess up.