Four Chances to Gain 10 Yards and You Turn Over the Ball

Also at the Volokh Conspiracy, a discussion of California's "Three Strikes and You're Out" laws. Eugene thinks that when critics of the law focus only on the third strike, which may be a minor property crime, and the disproportionate life sentence that results, they skew the debate, because the law was precisely intended to take into account previous crimes. I think the real shame is that the law takes its form from America's alleged national pastime, baseball, rather than its actual national pastime, professional football. Football is quicker, easier to understand, much more violent, and totally unknown outside the States. I think it's obviously our national sport, and should provide the basis for sound lawmaking. Plus, then we'd get to hear lawyers say things like, "Your Honor, my client would like to go for it on fourth down."