MARK STEYN: "As Jonah and I have written here previously, 'climate
change' is not only a scientific scandal but also a massive
journalistic failure. . . . Like all the poodles of the environmental
beat, Margot O'Neill repeats those magic words 'peer review' every
couple of paragraphs like a talisman to ward off evil deniers. But, in
the course of invoking the phrase 'peer review', she never bothers to
look at whether the IPCC actually does it. By contrast, without
benefit of the resources of a national TV Posted on Monday, February 8, 2010 at 11:40 am

IN THE MAIL: From Matthew Bishop and Michael Green, The Road from
Ruin: How to Revive Capitalism and Put America Back on Top. Posted on Monday, February 8, 2010 at 11:40 am

FRANK TIPLER: Obama vs. Einstein. I really think you've got to leave
this one with Larry Tribe. Obama was just the research assistant. Just
don't let Tipler see my piece on the Supreme Court and Chaos Theory. .
. . Posted on Monday, February 8, 2010 at 11:40 am

Posted on Sunday, February 7, 2010 at 10:26 pm

Posted on Sunday, February 7, 2010 at 10:26 pm

Posted on Sunday, February 7, 2010 at 10:26 pm

Last week, a federal civil rights lawsuit was filed in Richmond,
Virginia by five Christian evangelists some of whom were charged with
creating loud and disturbing noise for preaching at downtown First
Friday events and at a Christmas parade. Others were charged with
trespassing for preaching at the Watermelon Festival held in a
shopping area. The complaint (full text) in Craft v. City of Richmond,
(ED VA, filed 1/29/2010), charges that in the case of individual and
small group speech, the provisions Posted on Monday, February 8, 2010 at 3:24 pm

Britain's Judicial Complaints Office this week began an investigation
into Cherie Blair, wife of former Prime Minister Tony Blair. Ms.
Blair, who practices employment law under her maiden name, Cherie
Booth, also acts as a part-time judge in London. According to UAE's
The National today, Britain's National Secular Society filed a formal
complaint against Ms. Blair after she gave a suspended sentence to a
Muslim man who was charged with getting into an altercation over who
was first in line at a bank. Blair Posted on Monday, February 8, 2010 at 3:24 pm

Virtue Online today carries a report from the Feb. 1 Christian Post on
the struggle between two Anglican factions in Harare, Zimbabwe.
Controversy began in 2007 when Nolbert Kunonga, a supporter of
President Robert Mugabe's regime, accused the Anglican Province of
Central Africa of being pro-gay. Kunonga said he was withdrawing the
Diocese of Harare from the Province. He set up his own rival Anglican
province, appointed himself archbishop and claimed church property. A
High Court ordered the two factions to Posted on Monday, February 8, 2010 at 3:24 pm

With all the discussion of the filibuster, including some evidence of
hypocrisy on the part of a certain allegedly anti-pork Senator from
Arizona, it occurs to me that the Democrats in Congress might consider
something to put the Republicans to the test: Propose an amendment
making the filibuster a constitutional rule. If the R's won't go for
it, reserving the right to eliminate it when control of the Senate
changes, then the D's should get rid of it now. If the states roundly
reject such an amendment, then Posted on Monday, February 8, 2010 at 11:25 am

The National Law Journal reports on the several class actions that
have been brought against Toyota in the wake of the gas pedal problems
and recalls. The lawsuits are consumer class actions that seek damages
for economic losses stemming from reduced value of cars subject to
this problem. It looks like the lawsuits are being filed state by
state with the expectation that they will then be consolidated as an
MDL. The lead plaintiffs in the lawsuits appear to be persons whose
cars actually experienced the gas Posted on Monday, February 8, 2010 at 11:25 am

Jack Balkin (among several other commentators) argues that we are in
the midst of an emerging constitutional crisis, over the rules and
norms of the Senate and the uses to which they are being put.* The
routine filibuster--in which the GOP speaks, acts, and is perceived as
controlling the Senate by having 41 out of 100 seats--was the start.
The latest is Sen. Richard Shelby (AL) placing holds on 80
executive-branch nominations unless several Alabama-earmarked projects
are restored in the budget. Another is Posted on Monday, February 8, 2010 at 11:25 am

Alison L. Slater (J.D. candidate, Quinnipiac University) has published
her note entitled Inconceivable Consequences: Why the Recent UPC
Amendments Were Correct to Reject a "Consent in a Record" Requirement,
23 Quinnipiac Prob. L.J. 80 (2009). An excerpt fromt the
introduction... Posted on Monday, February 8, 2010 at 8:08 am

The January 2010 edition of The Estate Analyst is comprised of an
article by Robert L. Moshman (attorney and writer) entitled
Predictably Unpredictable; Estate Planning for 2010. The introduction
to the article and the January 2010 edition of The Estate... Posted on Monday, February 8, 2010 at 8:08 am

Here are the top downloads from December 9, 2009 to February 7, 2010
from the SSRN Journal of Wills, Trusts, & Estates Law for all
papers announced in the last 60 days. Rank Downloads Paper Title 1 213
A Beneficiary... Posted on Monday, February 8, 2010 at 8:08 am

It's an amazing world where a few clicks leads me from boingboing's
overly enthusiastic endorsement of what it calls 'Afrikaans rap-rave'
(check out the comments too), to this chilling, compelling,
greasy-sickening south african trash-rap (now taking the world by
storm to this pointless confection) to wikipedia's dry dissection of
bubblegum dance. Now if I could just decide which I more wish I had
never heard of… Update: To ice the cake, according to the folks from
South Africa in this comment thread, Die Posted on Monday, February 8, 2010 at 11:28 am

Snowpocalypse With Soundtrack Yes, it's a Baltimore weather forecast,
but it's right next door…. Posted on Monday, February 8, 2010 at 11:28 am

I, for one, salute our new South Florida blog overlords. Posted on Monday, February 8, 2010 at 11:28 am

Orly Lobel, who recently learned that she had been named a Herzog
Endowed Scholar, now has been awarded a Robert Wood Johnson Foundation
grant. The grant is one of fifteen new research grants bestowed
nationally by the Public Health Law... Posted on Monday, February 8, 2010 at 8:13 am

Yesterday, the NLRB's Chairwoman, Wilma Liebman released a statement
on the nomination of Craig Becker (and the other nominees) to the
Board. Here it is: I am disappointed that we still do not have a fully
constituted Board despite the... Posted on Monday, February 8, 2010 at 8:13 am

Ellen Dannin (Penn State) has just posted on SSRN her article
(forthcoming U. San Francisco L. Rev.) Hoffman Plastics as Labor Law -
Equality at Last for Immigrant Workers? Here's the abstract:Hoffman
Plastics, the poster child of immigration gone wrong,... Posted on Monday, February 8, 2010 at 8:13 am

On this day in ... ...2003, following 4 days and 21 rounds of secret
balloting by the 85 states then eligible to vote in the Assembly of
States Parties, the inaugural 18-member bench of the International
Criminal Court was chosen from among 10 female and 33 male candidates.
Elected, as follows, were 7 women and 11 men: Elizabeth Odio Benito
(Costa Rica), Rene Blattmann (Bolivia), Maureen Harding Clark
(Ireland); Fatoumata Dembele Diarra (Mali), Adrian Fulford (United
Kingdom), Karl Hudson-Phillips (Trinidad Posted on Tuesday, February 9, 2010 at 3:23 am

(IntLawGrrls welcomes back alumna Doris Buss, who contributes this
Write On! guest post regarding a call for papers for an upcoming
conference she's organizing) "Sexual Violence and Conflict in Africa"
is the subject of a 2-day workshop to be held May 5 & 6, 2010, at
my home institution, Carleton University in Ottawa, Canada. At this
event, which is supported by the United Nations University, we plan to
bring together academics and activists to initiate a detailed,
multi-disciplinary, and multi-sectoral Posted on Tuesday, February 9, 2010 at 3:23 am

(Taking context-optional note of thought-provoking quotes) [B]logging
is now the uncoolest thing you can do on the Internet. It's even
uncooler than editing Wikipedia articles or having a Second Life
avatar. In 2006, 28% of teens were blogging. Now, just three years
later, the percentage has tumbled to 14%. Among twentysomethings, the
percentage who write blogs has fallen from 24% to 15%. Writing
comments on blogs is also down sharply among the young. It's only
geezers - those over 30 - who are doing more Posted on Tuesday, February 9, 2010 at 3:23 am

For the past couple of weeks, I, along with my fellow Full Rights for
Immigrants Coalition members, have taken the lead in what has become a
national dialogue about racism and devisiveness in our nation, in the
wake of the... Posted on Monday, February 8, 2010 at 7:53 am

The Minnesota Independent has an article about Rep. Keith Ellison's
(D-Minn) support for "The Uniting American Families Act" and it's
inclusion in comprehensive immigration reform. KJ Posted on Monday, February 8, 2010 at 7:53 am

Adalberto Jose Jordan (1961-) is a U.S. District Judge in in the
Southern District of Florida. Born in Havana, Cuba, Jordan came with
his family to Miami, Florida in 1968. He received a B.A. and J.D. from
the University of... Posted on Monday, February 8, 2010 at 7:53 am

Alex Reinert (Benjamin N. Cardozo School of Law -- Yeshiva University)
has posted Public Interest(s) and Fourth Amendment Enforcement
(University of Illinois Law Review, Forthcoming) on SSRN. Here is the
abstract: Fourth Amendment events - the recent arrest of Harvard... Posted on Monday, February 8, 2010 at 7:43 am

ACSblog has this post laying out the administration's response to
criticism of its handling of the case, including efforts to block a
domestic trial. Posted on Monday, February 8, 2010 at 7:43 am

Tobin Harshaw canvasses the chatter on this topic--essentially, one
example of the question of the limits of the criminal model--at
Opinionator. Posted on Monday, February 8, 2010 at 7:43 am

The British Library plans to make more than 65,000 19th century works
of fiction available as free downloads for the public this spring. Posted on Monday, February 8, 2010 at 12:46 pm

Finnish Member of the European Parliament Heidi Hautala has added her
voice to the concerns over ACTA, calling for greater transparency. Posted on Monday, February 8, 2010 at 12:46 pm

The UK Digital Economy Bill is facing mounting criticism, as an
influential group of MPs has expressed concern the bill may violate
human rights. Posted on Monday, February 8, 2010 at 12:46 pm

My previous post condemned Sen. Richard Shelby (R-Ala.) as a "thug"
and an "extortionist," a view I have not changed one whit, save that I
have been persuaded by a correspondent that "thug," with its
connotations of violence, is a less fitting word than "bully," so I
have changed the title accordingly and am changing all uses of the
word "thug" and its variants to "bully" and its variants.
(Interestingly enough, no one has, to my knowledge, actually defended
Shelby, including the conservatives who regularly Posted on Monday, February 8, 2010 at 12:13 pm

Robert Wright has a very thoughtful post on how the ability to target
audiences cheaply in the digital age to garner political opposition
and spread (mis)information has made politics increasingly difficult.
He argues that this makes our political system less republican (i.e.
representative) and more like a dysfunctional form of direct
democracy. Wright argues: Had technological change stopped in 1950,
President Obama would be basking in the glow of victory. Insurance and
pharmaceutical companies and labor Posted on Saturday, February 6, 2010 at 2:10 am

The New York Times reports that Democrats are "worried" about their
33-year-old candidate for the Senate in Illinois, who won the primary
on Tuesday with a ringing 39% of the vote. For all I know he will be a
terrific candidate and a wonderful senator (if elected), but what can
be said beyond reasonable doubt (as Republicans are apparently already
saying) is that 61% of the Democratic electorate preferred someone
else. Perhaps Alexei Giannoulias would have prevailed in the runoff,
but, obviously we'll never Posted on Saturday, February 6, 2010 at 2:10 am

Well, here's a surprise. I'm accustomed (aren't you?) to reading lists
of must-read books with a guilty awareness that I have read none of
them. But Robert Service, the historian of modern Russia, puts
together a list of five books, and I'd have to say that three, maybe
four, of the five are real favorites--not just books I've read, but
books that I like a lot. Top of the list would be Thucydides,
Pelopennesian War--not (of course) a book about Russia, but the one
must-read classic history. A second is Posted on Tuesday, February 9, 2010 at 3:09 am

In an interview framing the Met HD presentation of Simon Boccanegra
yesterday, I heard James Levine say that it is one of his favorite
operas. Really? Well, it will never have the popularity of Carmen or
La Bohème; or even, come to think of it, La Traviata. Its plot is
about as unintelligible as Key Largo or Syriana; or even, come to
think of it, Il Trovatore (which drew on the same playwright). There's
only one female role. The mood is somber throughout. Yet it does have
a consistent atmosphere or tone, Posted on Tuesday, February 9, 2010 at 3:09 am

The always-diverting Strange Maps offers up a display of Europe's
"alcohol belts." Shorter version: you can't grow grapes in Russia.
It's fun, but I'd love to see also a map of alcoholism belts. Is it
true, as the folklore tells us that the Russians (males, at least) all
get schnackered at the age of 14 and stay numb until they die at 58?*
More generally, I remember encountering many years ago (I think it was
in one of Harry Kemelman's rabbi novels) that we can distinguish (a)
cultures with a high level of Posted on Tuesday, February 9, 2010 at 3:09 am

Most people know what Title Nine entails. At least generally. So much
so that even the women's apparel manufacturer with that name gets a
nod in Judge Berzon's published opinion. (Which, I might add, would be
a good way to create future judicial income through paid product
placement mentions.) But to see how a Title Nine case actually
progresses, as well as for a pretty good history of women's sports at
U.C. Davis, check this one out. This is a darn solid pro-plaintiff
opinion. Not many caveats. Sure, we're Posted on Monday, February 8, 2010 at 11:13 pm

Judge Kleinfeld does a good job of making this somewhat complicated
bankruptcy case clear, and writes concisely and persuasively. But I'll
give a shot at writing something even shorter. "When you're Chase
Manhattan Bank, and you refi a loan, make sure you record the deed of
trust. If you inexplicably forget this extremely important task, and
the debtor files bankruptcy, your bad. Get in line." I think that's
about right. Posted on Saturday, February 6, 2010 at 1:30 pm

Sometimes being smart is a bad thing. Here, for example, Oakland
attorney Jeremy Friedman files a potentially lucrative qui tam suit
against Catholic Heathcare West, alleging that a big federal grant
that scientist Michael Berens got from the NIH to study brain cancer
in beagles was based upon false statements. Friedman litigates the
case for many years, including a successful appeal before the Ninth
Circuit that gets the case remanded back down, only to see summary
judgment granted against his client. So Posted on Saturday, February 6, 2010 at 1:30 pm

Now we've got Fred Meyer stores on TV telling us to use reusable bags
for our groceries, because "it's the right thing to do." It is the
exact same slogan that we get in stickers on our recycling and yard
debris bins from the City of Portland: "It's the right thing to do."
This particular saying is starting to stick in my craw. At our house
we recycle, compost, and do everything we can to respect the planet.
If you'd like to remind me of the ecological pro's and con's of
various consumer choices, that's Posted on Tuesday, February 9, 2010 at 3:38 am

We've known for years that when somebody steals a vehicle in Portland,
the city authorities don't seem to care much. How about 30 vehicles?
I'll bet they still won't lift a finger. Maybe the state will figure
it out. Posted on Tuesday, February 9, 2010 at 3:38 am

Portland city commissioner Dan "Legend" Saltzman did what he does best
today -- he showed up and sat there. It was at the funeral of the
unarmed man who was shot in the back and killed by Portland police
last week. Saltzman's appearance was a nice gesture, to be sure --
better than you'd get in similar circumstances from Katz, Adams,
Leonard, or Potter -- but as the farcical grand jury proceedings and
three-year fake internal "investigation" into the shooting proceed,
don't expect any actual action from the Posted on Tuesday, February 9, 2010 at 3:38 am

Yesterday afternoon I attended the NY City Center Encores presentation
of "Fanny," a musical play by S.N. Behrman and Joshua Logan with music
and lyrics by Harold Rome. They were reaching deep into the locker of
forgotten musicals with this one. "Fanny" was originally premiered in
New York on November 4, 1954, and ran 888 performances. It was based
on three French films, and the show was later made into an American
movie, but it was not presented as a musical. Instead, it was a
dramatic production with Posted on Tuesday, February 9, 2010 at 3:42 am

George Steel has his hands full keeping the NY City Opera afloat, but
he still finds time to lead concerts by the Vox Vocal Ensemble, the
choral group he formed in 1992 when he was running Miller Theatre at
Columbia University. Vox was intended to perform a wide range of
music, but the context in which I know them is the Miller Theatre
Early Music Series, which has been presented at a variety of venues
but which seems to have settled into the Church of St. Mary the Virgin
in Times Square (46th Street) as Posted on Tuesday, February 9, 2010 at 3:42 am

It's impossible to write too much about this film without giving away
plot twists, so I won't say much of anything about the plot, other
than to point out that it takes place in Paris and that everybody in
the cast is incidental to John Travolta, as an over-the-top CIA
special operations man, and Jonathan Rhys Meyers, as a functionary at
the US Embassy in Paris who wants to become a special operations man
and is assigned to team up with Travolta for a special assignment. The
two of them play off each other Posted on Tuesday, February 9, 2010 at 3:42 am

We don't ordinarily delve into campaign finance issues but the Supreme
Court's recent decision in Citizens United v. Federal Election
Commission, No. 08-205, Jan. 21, 2010, merits some unique attention.
As everyone who has not lived under a rock for the last several weeks
knows, the Supreme Court largely threw out a provision of
McCain-Feingold that restricted the right of corporations to expend
funds on political campaigns, concluding that the restrictions
interfered with the first amendment rights of Posted on Tuesday, February 9, 2010 at 3:01 am

We are discussing Citizens United v. Federal Election Commission, No.
08-205, Jan. 21, 2010, the Supreme Court's recent decision on campaign
finance. It is a rare case that examines the corporate form with an
exegesis that begins with the founding of the United States (or at
least the adoption of the First Amendment). Yet there is considerable
history on this opinion, instigated by Justice Stevens and, to some
degree, answered by Justice Scalia. Whatever merits of the discussion
for purposes of the case at Posted on Tuesday, February 9, 2010 at 3:01 am

The SEC filed a motion today seeking approval of a settlement with
Bank of America. The news papers have already reported on the
settlement amount. The SEC is seeking approval of $1 in disgorgement
and $150 million in a penalty. In addition, the SEC is seeking a
number of corporate governance reforms in the form of undertakings.
These include enhanced auditor review of disclosure procedures and
expanded certification requirements for the CEO and CFO (now
applicable to the proxy statement). The undertakings Posted on Saturday, February 6, 2010 at 5:19 pm

Matter of Hoffman v. Commissioner of Labor, ____A.D.3d____(3d Dep't.
Dec. 17, 2009), is an interesting New York Unemployment Insurance
decision. As readers to this blog know, an employee discharged for
misconduct is not eligible for unemployment. This case holds that... Posted on Tuesday, February 9, 2010 at 7:29 am

Labor Union Law and Regulation (2003)is a one vol treatise that covers
the regulation of unions an the relationship between unions and
individuals. This is an absolute must have book for union counsel. The
2009 Supp just came out and... Posted on Tuesday, February 9, 2010 at 7:29 am

NLRB Chairman Wilma Liebman (a term she prefers) who is someone I have
met several times and admire issued a press release on Feb. 5, 2010
expressing frustration with the inability of the President and the
Congress to appoint additional... Posted on Tuesday, February 9, 2010 at 7:29 am

Tomorrow around 100 million people (actually probably more considering
the weather) will watch a football game while I'm doing something
else. Most will spend three hours or more watching flickering
television images to catch 11 minutes of actual playing, during which
they will learn what I will learn in one second the next day: who won.
(Everybody else will be watching a brainless movie that is apparently
interesting because you can see it 3D, just like you can see
everything else). And consider this, from Posted on Monday, February 8, 2010 at 11:43 am

I suppose that since the government is in the process of dismantling
capitalism, and now owns a large chunk of U.S. business, it's not
surprising it has moved into vacated Superbowl advertising space with
an ad of its own -- for the 2010 census. What complicates my reaction
is that it was one of my favorite SB ads. It was clever, got its point
across, and looks like it cost about a dollar forty five to make.
Although I wish the government would stay out of business, maybe this
ad could be a model for its Posted on Monday, February 8, 2010 at 11:43 am

Peter Mahler brings us his usual careful analysis of a recent NY
opinion (Matter of 1545 Ocean Avenue, LLC v. Crown Royal Ventures,
LLC) which, in reversing an order dissolving an LLC, articulates for
the first time the NY standard for judicial dissolution of an LLC.
Here I will highlight a few important points from the decision. First,
the court was unusually careful to emphasize the importance of
distinguishing between discrete business association standard forms.
Although the issues might seem similar Posted on Monday, February 8, 2010 at 11:43 am

This blog will be posting abstracts from participants in an upcoming
symposium hosted by the NYU Review of Law & Social Change, "From
Page to Practice: Broadening the Lens for Sexual & Reproductive
Rights," on February 12. The editors invite... Posted on Tuesday, February 9, 2010 at 1:04 am

This abstract is posted in collaboration with the NYU Review of Law
& Social Change symposium, "From Page to Practice: Broadening the
Lens for Sexual & Reproductive Rights." Where's My Bump? Just
Responses to Working Women's Infertility CrisisAnita L. Allen,... Posted on Tuesday, February 9, 2010 at 1:04 am

This abstract is posted in collaboration with the NYU Review of Law
& Social Change symposium, "From Page to Practice: Broadening the
Lens for Sexual & Reproductive Rights." Ruthann Robson, CUNY
School of Law For my comments on Panel One,... Posted on Tuesday, February 9, 2010 at 1:04 am

Still an incredibly deep, inky purple, at age 8. Strong legs. Big
nose, intense flavors. It's a far cry from your usual wimpy Merlot
plonk that goes belly up at age 4. The flavor associations are all
black: blackberry; black currant; black olive; black coffee. Grade:
A-- Posted on Monday, February 8, 2010 at 9:27 am

Our blog buddy James Joyner is complaining that at age "44, I'm under
no illusions that I'm still a young man." Try being 51. Posted on Monday, February 8, 2010 at 9:27 am

Megan McArdle is leery of moderating her comment section: I exercise a
pretty light hand on the comments section. That's a tough choice. I
could probably have a more civil comments section if I were more
willing to delete nasty comments and ban trolls. On the other hand, I
don't trust myself in the position of censor. That's why I'm pretty
obsessed with a hard core version of the first amendment: I don't
trust anyone as a censor. One will always find most outrageous those
people who disagree with one's own Posted on Monday, February 8, 2010 at 9:27 am

Nice discussion (via the Social Science Statistics Blog) here. Posted on Saturday, February 6, 2010 at 8:42 am

Another (positive) sign of the times is the publication (by Aspen) of
the Lawless, Robbennolt, & Ulen (all at Illinois) casebook:
Empirical Methods in Law. A blurb notes: "Today's legal profession
demands that lawyers understand and engage in dialogue about basic
empirical research techniques. Empirical Methods in Law teaches law
students to recognize when empirical research needs to be applied in
legal practice. It provides the vocabulary with which to communicate
with scientific experts, and an Posted on Thursday, January 28, 2010 at 9:15 am

The Center for Empirical Research in the Law (CERL) at the Washington
University School of Law is offering a postdoctoral fellowship for
scholars with a Ph.D. in political science, economics, psychology,
sociology, statistics, or other social sciences. The fellow will
perform data management, data analysis, and computer programming on a
variety of Center-sponsored projects. Expertise with statistical
software, scripting languages, and database systems preferred. There
are no teaching responsibilities. Posted on Thursday, January 28, 2010 at 9:15 am

Concerns have been expressed for some time about whether FINRA will be
able to handle the deluge of customers' complaints against brokers
resulting from the financial meltdown. The Wall St. Journal, for
example, reports today that FINRA is reaching out... Posted on Sunday, February 7, 2010 at 3:27 pm

The SEC announced that it has dropped its case involving stock options
backdating against current and former Broadcom officers. Last year one
defendant was acquitted of criminal charges, and the charges were
dismissed against another. In addition, the presiding judge... Posted on Sunday, February 7, 2010 at 3:27 pm

In a major speech today, the SEC's Chair Schapiro reviews the agency's
accomplishments of the past year and looks ahead to future actions.
Among those she identified of particular interest to retail investors
are: Point of Sale: Retail investors should... Posted on Sunday, February 7, 2010 at 3:27 pm

I just received this announcement. Please note that it is essentially
aimed at recent college graduates.The China Law Center of Yale Law
School is seeking candidates for a one-year Research Associate
position based in Beijing beginning this summer. The Research... Posted on Monday, February 8, 2010 at 10:58 am

Here's a statement from Liu Xiaobo dated Dec. 23, 2009; translation
courtesy of Prof. David Kelly of the China Research Centre, University
of Technology Sydney. English text below; Chinese text here. It may
not be an original observation, but I... Posted on Monday, February 8, 2010 at 10:58 am

Caixin (Hu Shuli's new vehicle) has a nice English-language page on
the Li Zhuang case, with stories and relevant links about various
aspects of the case. Posted on Monday, February 8, 2010 at 10:58 am

You can buy it here, but why would you want to? No Tags Posted on Monday, February 8, 2010 at 12:15 pm

Brian Leiter is posting occasional links to law faculty blogs. Here is
an updated version of an inventory of law faculty blogs from around
the world that I posted back in 2007. University of Pittsburgh School
of Law University of Houston Law Center Georgetown University Law
Center University of Chicago Law School University of Toronto Faculty
of Law University of Alberta Faculty of Law University of Haifa
Faculty of Law (in Hebrew; is there an English version?) University of
Washington School of Law Posted on Monday, February 8, 2010 at 12:15 pm

I love California, and I love the University of California. I am
saddened by the recent financial problems the state and the entire
education system faces. But I am more upset by what seems to be a
failure of the education system: people who think 60s style protests
are useful and wise responses to problems they helped create. Sit-ins,
threats, throwing food at Regents, and chants of the "What do we want?
X! When do we want it? Now!" ilk remind me of a five year old throwing
a tantrum; not intelligent Posted on Saturday, February 6, 2010 at 2:13 am

From the New York Times, how other states audition to play California.
Tax credits and computer animation help out. Posted on Monday, February 8, 2010 at 7:56 am

Jeremy F. DeBeer, University of Ottawa Faculty of Law, and Christopher
D. Clemmer, Gowling Lafleur Henderson, have published "Global Trends
in Online Copyright Enforcement: A Non-Neutral Role for Network
Intermediaries?" in volume 49 of Jurimetrics (2009). Here is the
abstract.... Posted on Friday, February 5, 2010 at 9:42 pm

Pamela Samuelson, University of California, Berkeley, School of Law,
has published "Google Book Search and the Future of Books in
Cyberspace," forthcoming in the Minnesota Law Review. Here is the
abstract. The Google Book Search (GBS) initiative once promised to... Posted on Friday, February 5, 2010 at 9:42 pm

By J. DeVoy In honor of filing my taxes, here's some information about
the tax benefits that men, families and child-free women won't be
receiving this season. From Butterfly Squash: "Head of Household" is
the filing status used by most single parents. They contribute the
least to income taxes. The most are contributed by single males,
followed by married [...] Posted on Tuesday, February 9, 2010 at 9:25 am

I'm still going to eat tasty animals. But, I think this is a good
presentation against it. Filed under: misc Posted on Tuesday, February 9, 2010 at 9:25 am

by Tatiana von Tauber Dear Go Daddy dot com, As a customer for about a
year I've been neutral with Go Daddy as my host company. While I'm not
thrilled with some features offered versus not offered in terms of
avenues which work best for my website, I've been sticking it out.
Unfortunately I regret to inform you, however, [...] Posted on Saturday, February 6, 2010 at 11:51 pm

A controversial new documentary about the Mormon church's role in the
passage of California's Proposition 8 recently premiered last weekend
at the Sundance Film Festival. Using internal church documents and
recordings of Mormon officials, and interviews with gay activists,
political... Posted on Monday, February 8, 2010 at 7:50 am

…oh, never mind, because any woman's chances for love in China are
nearly surefire, where the one-child policy will yield a 24M bride
shortage by 2020. From CNN: Sex-specific abortions have led to a large
male population born since the... Posted on Monday, February 8, 2010 at 7:50 am

An article published last month in Nature asserts that married female
scientists do more than twice the amount of housework than male
scientists. This is to be expected given some of the showings in the
family law literature. Unique, however,... Posted on Monday, February 8, 2010 at 7:50 am

So Avatar has passed Titanic as history's highest-grossing film, with
worldwide ticket sales of $1.86 billion (story here and list here).
Yeah, but we all recognize that ticket prices today are higher than in
years gone by, making any such claim somewhat meaningless. So where
does Avatar rank when grosses are adjusted for ticket price inflation?
I don't have the answer for worldwide revenue, but for domestic
revenue Avatar ranks (as of today) in the mid 20's on the list
(sandwiched between screen gems Posted on Friday, January 29, 2010 at 2:23 pm

Via Tyler Cowen, from Barking Up The Wrong Tree: "[P]itchers from the
southern United States were more likely to hit batters in these
situations, but primarily if the batter was White." Source: "It was a
thought pitch": Personal, situational, and target influences on
hit-by-pitch events across time. from Journal of Applied Psychology -
Vol 94, Iss 6 by Timmerman, Thomas A. Via Above the Law, from Richard
Posner: "Litigation is not ping-pong." Source: No. 09-8042 CUNNINGHAM
CHARTER CORPORATION, Posted on Friday, January 29, 2010 at 2:23 pm

In last night's State of the Union message, President Obama attacked
the Supreme Court for its Citizens United decision. With the justices
sitting in the well of the chamber, directly before him, he tactlessly
chastised them for their decision. Of course, the Supreme Court is not
immune from criticism, but given the time and place the President's
antic came across as puerile anger. Moreover, if he must criticize the
Court in person he at least ought to get his facts straight. Obama
declared that Citizens Posted on Friday, January 29, 2010 at 2:23 pm

New! Posted on Saturday, February 6, 2010 at 3:35 pm

Don't insult the Deans and faculties of some 130 law schools by
stating in public, as David Van Zandt (Northwestern) has now done,
that it doesn't make "economic sense" for a student to go to any of
their schools. Northwestern's... Posted on Saturday, February 6, 2010 at 3:35 pm

...and I only found out yesterday. Check it out. Posted on Saturday, February 6, 2010 at 3:35 pm

So by now everyone knows that Bill Clinton thinks the American press
corps is in the bag for Barack Obama. Indeed, I suspect that in their
heart of hearts, more pundits and reporters like Obama than Clinton
(though, as Chris Matthews pointed out a few weeks ago, what they
really like is a never-ending horse race). Still, despite the possible
bias on these shores, I can't imagine any major American newspaper
having the following lede for their story: Seventeen months after she
sat regally in her New York Posted on Wednesday, June 4, 2008 at 4:29 am

My latest bloggingheads diavlog is up. This one is with The American
Prospect's Ezra Klein. Topic include Todd Purdum's Vanity Fair essay
on Bill Clinton, why Ezra hates political science, and the state of
public intellectuals in America. Go check it out (warning: the sound
quality is a bit erratic)!!... Posted on Tuesday, June 3, 2008 at 6:49 am

James Fallows writes the following about Hillary Clinton's mindset in
running against Barack Obama: The Clinton team doesn't worry about
hurting Obama's prospects of winning in the fall, because they assess
those prospects at zero. Always have. Obama might not win if he leads
a bitterly divided party, but (in this view) he was never going to
win. Not a chance. He would be smashed like an armadillo in the road
by the Republican campaign machine, and he would be just about as
ready as the armadillo for what Posted on Monday, June 2, 2008 at 2:51 pm

So my blog turns seven today. On August 20, 2002, while hiding north
of San Francisco working on the Eldred appeal, I penned my first
(wildly and embarrassingly defensive) missive to Dave. Some 1753
entries later, I'm letting the blog rest. This will be the last post
in this frame. Who knows what the future will bring, but in the near
term, it won't bring more in lessig.org/blog. The reasons are many.
First, as I peer over the abyss of child number 3 (expected in a
couple weeks), I can't begin to imagine Posted on Thursday, August 20, 2009 at 3:15 am

Five-year old Felix's mom, Kierstin, sent me this image a bit ago. "I
thought you would get a laugh out of these photos where your Remix
became a crucial supporting wall for a Medieval Castle, manned by
Playmobile guards and a plastic dinosaur." Indeed. Posted on Thursday, August 20, 2009 at 3:09 am

Dave Wiley has an interesting idea he calls unmixing (in contrast to
remixing), which he demonstrates with the first bit of REMIX.
Basically, using Yahoo's BOSS, he reassociates every three words to
another text on the web. Give it a look. (I think I'd call it
re-remixing). Posted on Thursday, August 20, 2009 at 3:06 am

Bloomberg reports new developments in the prempro litigation. Judge
Norman Ackerman of the Philadelphia Court of Common Pleas issued an
order cutting the punitive damages jury award in Barton v. Wyeth from
$75 million to $5.6 million. Bloomberg reports: Besides... Posted on Tuesday, February 9, 2010 at 6:32 am

Kenneth Abraham has an enlightening guest post on TortsProf Blog
called "Four Conceptions of Insurance." The relationship between the
tort system and insurance systems is fascinating and important. More
work needs to be done in this area. ADL Posted on Tuesday, February 9, 2010 at 6:32 am

Coverage at the National Law Journal. h/t Civil Procedure and Federal
Courts Blog ADL Posted on Tuesday, February 9, 2010 at 6:32 am

By Eric Goldman [Introductory note: I have repeatedly criticized the
FTC on this blog, and this post may implicitly criticize them as well.
At the same time, I want to share a couple of compliments for the FTC.
First, the FTC did a terrific job preparing for this event. For the
panel I participated on, we had two official group organizing calls,
plus I had at least 3 individual calls as well. I can't recall another
event which had more pre-event preparation efforts. Second, I remain
consistently impressed Posted on Thursday, February 4, 2010 at 7:47 pm

By Eric Goldman Copyright * An English translation of Google's
December loss in France on a Google Book Search lawsuit. * Ed Felten
reports on a survey of files available via BitTorrent. Acknowledging
some methodological limits, he estimates ~99% were likely copyright
infringing. * Elsevier B.V. v. UnitedHealth Group, Inc., 2010 WL
150167 (S.D.N.Y. Jan 14, 2010). Denying copyright statutory damages
and attorneys' fees to unregistered foreign works is constitutional
because the Berne Convention (which Posted on Monday, February 1, 2010 at 11:23 pm

By Eric Goldman Boring v. Google Inc., 2010 WL 318281 (3rd Cir. Jan.
28, 2010). You may recall the book project A Day in the Life of
America [Amazon affiliates link], which published what 200
photojournalists saw on May 2, 1986. The book provided a great
snapshot of Americana, both sensational and banal. As a dataset,
Google's Street View reminds me a lot of that book. The Google camera
cars automatically capture whatever they see, which in some cases can
lead to unintentionally amusing results. See, for Posted on Monday, February 1, 2010 at 11:23 pm

by Kevin Jon Heller Eight Oscar nominations and accolades at the
Museum of Tolerance - not a bad week for Mr. Tarantino: Last night at
a special community screening at The Simon Wiesenthal Center Museum of
Tolerance, internationally renowned rabbi Marvin Hier addressed the
film's growing cultural significance among a panel that included
Tarantino, 'Basterds' producer Lawrence Bender, actor Eli Roth and
media entrepreneur Dan Adler, who organized the evening in honor of
his recently deceased father Mayer Posted on Tuesday, February 9, 2010 at 5:09 am

by Julian Ku Last week, the U.S. and Canada reached an agreement to
permit Canadian firms to bid on projects funded by U.S. stimulus money
based on the legislation enacted last year. The confusing part is just
how exactly this will occur. According to CTV, Canadian firms will be
exempted from "Buy American" restrictions under seven of the stimulus
programs, in 37 U.S. states that signed on to the World Trade
Organization. Those states will be able to use American stimulus money
to buy Canadian manufactured Posted on Tuesday, February 9, 2010 at 5:09 am

by Kevin Jon Heller I am delighted to announce that Opinio Juris has
formed a partnership with the Melbourne Journal of International Law,
one of the leading non-US journals in the field. Twice a year,
beginning tomorrow, we will be hosting the same kind of symposia that
we have been holding the past couple of years for the Yale Journal of
International Law and the Virginia Journal of International Law.
Unlike those journals, MJIL is student-run but peer-reviewed. The
first symposium will feature two Posted on Tuesday, February 9, 2010 at 5:09 am

A2K4: Access to Knowledge and Human Rights Conference, February 12-13
The Access to Knowledge and Human Rights Conference seeks to lay the
groundwork - conceptual and strategic - to build bridges between the
A2K and human rights communities pursuing common goals of promoting
greater access to knowledge, culture, technology and tools for
innovation worldwide. The two-day conference will feature an
international lineup of academics and practitioners addressing topics
including Technologies of Dissent, Freedom Posted on Friday, January 22, 2010 at 6:14 am

Last Saturday, the Sacramento Bee ran my op-ed on Google's leadership
in China. I begin: While most American companies are rushing into
China, why are so many Americans cheering Google pulling out? This
week Google announced it had discovered attempts to hack into the
Gmail accounts of Chinese human rights activists. This prompted Google
to declare it was ready to leave China if it could not provide honest
search results to the people of China. At the same time that Google
was boldly threatening to pack its Posted on Friday, January 22, 2010 at 6:14 am

Posted on Wednesday, December 23, 2009 at 1:37 am

Last Edition's Most Popular Article Ethical neuroscience Nature
Neuroscience 2010:13:141 In the Academic Literature: Willful
Modulation of Brain Activity in Disorders of Consciousness New England
Journal of Medicine February 3 2010 Effects of acute psychosocial
stress on working memory related brain activity in men Human Brain
Mapping February 2 2010 Event-related potential and functional MRI
measures of face-selectivity are highly correlated: A simultaneous
ERP-fMRI investigation Human Brain Mapping Posted on Monday, February 8, 2010 at 5:11 pm

I received the announcement below via Darren Schreiber. For more
information, click here: July 19-30, 2010 Center for Culture, Mind,
and the Brain University of Michigan Ann Arbor, Michigan Co-Directors:
Shinobu Kitayama Carolyn Yoon Application Deadline: March 1, 2010 We
invite you to apply to attend the first Summer Institute in Cultural
Neuroscience at the University of Michigan in Ann Arbor. SICN is an
annual two-week program that provides graduate students as well as
faculty with an overview of core Posted on Monday, February 8, 2010 at 5:11 pm

Recently posted to SSRN: "Compulsory (Involuntary) Treatment for
Anorexia Nervosa" THE TREATMENT OF EATING DISORDERS, Carlos Grilo,
James Mitchell, eds., Guilford Press, pp. 212-224, 2009 Sydney Law
School Research Paper No. 10/07 STEPHEN TOUYZ, University of Sydney
TERRY CARNEY, University of Sydney - Faculty of Law This chapter
concentrates on the medical and ethical turbulence regarding
management of anorexia nervosa at that intersection between law and
medicine. While not overlooking the emerging Posted on Saturday, February 6, 2010 at 7:14 am

On December 3 the President will convene a "jobs summit" to consider
what if anything to do about the dismal employment picture. And dismal
it is. The figure of 10.2 percent unemployment in October understates
the problem because people who have given up on seeking a job, or who
are involuntarily working part-time rather than full-time, are not
counted as unemployed. They are, however, included with the unemployed
in the statistics of underemployment, and the underemployment rate has
reached 17.5 percent. Posted on Sunday, November 29, 2009 at 5:07 pm

During this "Great Recession", unemployment has risen from under 5% at
the beginning of the recession in December of 2007 to more than double
that rate to reach its highest level so far in October of 10.2%. This
is the second highest unemployment rate in the postwar period,
surpassed only by the 10.8% rate in December of 1982. In light of such
rather dismal employment figures, it is not surprising that the
President will have a "jobs summit" in a few days to consider how to
improve the employment market. Posted on Sunday, November 29, 2009 at 2:08 pm

By all accounts, President Obama's visit to China last week was pretty
much a failure on all the major issues, which include China's
contributions to climate change, nuclear weapons, and various aspects
of the world economy. I will concentrate my discussion on two of the
most important and closely related economic issues: the valuation of
the Chinese currency, the renminbi, and the huge assets accumulated by
China that are mainly held in the form of US Treasury bills and other
US government assets. The Posted on Monday, November 23, 2009 at 8:06 am

// On behalf of the Sports and Entertainment Law Society, I invite the
entire UofL Law community to enjoy Super Bowl LXIV at the third annual
SELS Super Bowl party. Join me, the members of SELS, and the most
intense football fans in the Cardinal Nation on Super Sunday, February
7, 2010 at 5:30 p.m. at Molly Malone's Irish Pub in St. Matthews, 3900
Shelbyville Road, Louisville, KY 40207, (502) 882-2222. Tickets at the
door cost $12 and entitle holders to food and drink on a
first-come-first-serve basis. Come Posted on Sunday, February 7, 2010 at 10:12 am

Mel Urofsky was interviewed about his Brandeis biography on C-SPAN
last October and I completely missed it. (Thanks to Bruce Behney for
pointing it out to me.) Thanks to the magic of the web, it's now
available for viewing. Posted on Tuesday, February 2, 2010 at 12:08 am

It's been a while since I've posted anything, but I haven't found of
anything to write about. Here are some brief snippets that I don't
feel like writing whole entries about. The accolades for Mel Urofsky's
biography continue to roll in. In December, the New York Times named
Louis D. Brandeis: A Life as one of the 100 notable books of 2009. Now
it's won 2009 Everett Family Foundation Jewish Book of the Year Award.
Check out the press release. Speaking of books, the New York Times
recently mentioned that Posted on Saturday, January 23, 2010 at 12:30 pm

February 1, 2010 Transcript Of An Interview With The Five Conservative
Justices About The Recent Corporate Free Speech Case. Your reporter
recently was fortunate enough to be granted an interview by five
Justices of the Supreme Court, Anthony Kennedy, John Roberts, Antonin
Scalia, Clarence Thomas and Samuel Alito. The subject of the interview
was the Court's recent decision granting corporations the same free
speech rights as human people. The interview was held in a secret
chamber in the Court's basement, Posted on Wednesday, February 3, 2010 at 6:17 pm

January 26, 2010 Some Important Ideas Regarding Madoff That May Not
Have Been Picked Up On Yet, And Comments On The Mid January Briefs Of
The Malefactors Three. This posting was originally intended to deal
with a few -- nothing like all -- of the arguments made by the SEC,
SIPC and the Trustee in the briefs they filed in mid January 2010. The
arguments to be dealt with were the ones I thought to be of greater
importance. Yet, the more I considered the briefs, the more it seemed
to me that many of even the Posted on Thursday, January 28, 2010 at 9:44 am

January 27, 2010 Judge Lifland's Schedules For Oral Argument On
February 2nd. In looking at the schedules approved by Judge Lifland
for the oral argument on February 2nd, one fact sticks out like a sore
thumb to a former litigator. The Malefactors Three (TMT) have been
granted up to 130 minutes (or 2 hours and 10 minutes) for argument and
rebuttal, while our side has been granted only 80 minutes to argue (or
1 hour and 20 minutes). The other side has thus received 61 percent
more time than our side, with 60 Posted on Thursday, January 28, 2010 at 9:44 am

Several days ago, I received an email containing the text of an
article by Eleanor Roberts, Main St. Needs Tax Loophole Closed. It was
suggested that I take a look at the information on a web site that
supports the same points that were made in the article, and makes even
more errors in analysis, such as quoting politicians who conflate the
sales tax and the use tax. According to Ms Roberts, Massachusetts,
admittedly in dire need of tax revenue, is collecting less tax than it
otherwise could reach because Posted on Monday, February 8, 2010 at 2:22 pm

Words are precision instruments, but too often, even in the hands of
professionals such as lawyers and journalists, they get used as though
they are blunt instruments. In the hands of politicians, lobbyists,
and special interest groups, words get transformed into sound bites,
twisted assertions, and outright lies. An unfortunate, but telling,
example has moved into the spotlight on account of what can be found
in the President's proposed budget. In his proposed fiscal 2011
budget, the President proposes to Posted on Saturday, February 6, 2010 at 4:25 am

Last Wednesday, in his State of the Union address, the President put
forth several specific suggestions for changes in the tax law: I'm
also proposing a new small business tax credit - one that will go to
over one million small businesses who hire new workers or raise wages.
While we're at it, let's also eliminate all capital gains taxes on
small business investment, and provide a tax incentive for all large
businesses and all small businesses to invest in new plants and
equipment. . . . . And to encourage Posted on Wednesday, February 3, 2010 at 3:20 pm

Arkansas Rule of Evidence 704 provides that Testimony in the form of
an opinion or inference otherwise admissible is not objectionable
because it embraces an ultimate issue to be decided by the trier of
fact. Under this rule, Arkansas courts... Posted on Tuesday, February 9, 2010 at 10:35 am

About 90% of criminal cases in the United States are resolved by plea
bargains, and it is well established that if the prosecution fails to
adhere to the terms of a plea agreement, it constitutes good cause for
the defendant... Posted on Tuesday, February 9, 2010 at 10:35 am

Like its federal counterpart, North Carolina Rule of Evidence 1002
provides that To prove the content of a writing, recording, or
photograph, the original writing, recording, or photograph is
required, except as otherwise provided in these rules or by
statute.... Posted on Sunday, February 7, 2010 at 3:07 pm

More than $2 billion for HUD grants to combat nationwide homelessness
sounds good. But President Obama's budget also includes steep cuts to
housing programs for the elderly and persons with disabilities.
Funding for tenant-based and project-based rental assistance programs
was increased by $2.1 billion compared with 2010. Targeted cuts in the
proposed budget include housing assistance for people with
disabilities (Shelter + Care, I guess), which would be $90 million,
compared with $300 million that's Posted on Wednesday, February 3, 2010 at 1:42 pm

Florida's safety net for people in need is shredding in the face of
escalating demand and dwindling resources, says the head of the
state's United Way network. And Florida's safety net is almong the
nation's weakest. Ted Granger, president of United Way of Florida,
says social service agencies statewide are seeing more and more people
who are homeless and hungry. The 211 referral hotlines are seeing
increases of 50% to 150% over the last twelve months in people needing
basic services, such as assistance Posted on Wednesday, February 3, 2010 at 1:42 pm

For the last week, homeless people sleeping near Jacksonville's City
Rescue Mission have been chased away from the sidewalk nearby. And
then the mission itself was warned by city code enforcement about
garbage left on the sidewalks outside its fence. The mission says it
was blindsided by the actions, because the few dozen people who sleep
outside the mission's New Life Inn, which has been full for months and
has seen a 33 percent increase in demand, have been doing so for over
a year. "Rarely from time to Posted on Sunday, January 31, 2010 at 10:27 am

Chicago chapters of the American Constitution Society and the
Federalist Society have (coincidentally) scheduled two exciting and
related, but independent, programs this week and next, both related to
detention and treatment of "enemy combatants." On Thursday the Chicago
Lawyers Chapter... Posted on Friday, February 5, 2010 at 7:06 am

The legal definition of "marriage" is at the core of the Proposition 8
trial in California federal court: A new Bill introduced in the
California Senate, SB 906, would alter that definition and clarify
some of the constitutional issues surrounding... Posted on Friday, February 5, 2010 at 7:06 am

Attorney General Eric Holder today wrote to Senator Mitch McConnell
defending the Justice Department's use of the regular criminal justice
system--and not military tribunals--to arrest, detain, charge, and try
Umar Farouk Abdulmutallab in connection with his attempted bombing of
Northwest... Posted on Friday, February 5, 2010 at 7:06 am

The public option took a shot to the kidney yesterday. The punch was
hard and it was not fair, but it is just a part of the game. The
public option may be getting a standing eight-count in boxing
parlance, but it should not be counted out. In the next several weeks,
the pressure will [...] Posted on Wednesday, September 30, 2009 at 8:25 am

This week, I have ahad a taste of what it might be like not to have
health insurance for members of my family. Fortunately, my experience
did not involve uninsured children, but instead an uninsured dog. My
puppy, Owen, just turned 6 months old and he does not have health
insurance. Being [...] Posted on Thursday, September 24, 2009 at 12:24 pm

This week, news circulated suggesting that President Barack Obama sent
emissaries to attempt to convinced New York Governor David Paterson to
exit the 2010 New York gubernatorial race. I have heard some argue
that the president's attempt is anti-democratic and that the voters of
New York should decide who their governor will be. Of course, [...] Posted on Wednesday, September 23, 2009 at 5:20 am