Clever and nimble aren’t the first words you think of in connection with Microsoft, but the company’s decision to grant blanket IP licenses to targeted Russian human rights groups strikes me as both. It took less than 24 hours, and it doesn’t mumble about reducing its cooperation with the authorities — it takes the Microsoft weapon out of authorities’ hands: […]
Archive | 2010
Common Law and Economic Efficiency:
I’ve posted a new essay on “Common Law and Economic Efficiency” that surveys the long debate over the “efficiency of the common law” hypothesis. Here’s the abstract: This essay reviews the origins and development of the debate over the “efficiency of the common law hypothesis.” The essay begins with the earliest explanation for the observed […]
Ninth Circuit Balks in BALCO Case, Denying Super En Banc in United States v. Comprehensive Drug Testing But Amending Opinion To Remove Challenged Section
The new opinion is here, and it comes almost a year after the DOJ petitioned for super-en-banc rehearing. On a very quick read, it seems that the weird mandatory rules part of Judge Kozinski’s initial en banc majority opinion in CDT is now just part of a Kozinski concurrence to what has been relabeled a […]
“Business Sexual”
That’s a new term I heard, invented by Hope Smith (though others might well have anticipated it) — though of course there’s nothing new about the actual phenomenon. The analogy is to “business casual,” and the meaning is clothing that tries to be sexy — not just good-looking or elegant, but sexy — in a […]
Akbar Ganji: “Solutions to the Problem of Gender Discrimination in Islam”
Akbar Ganji is a journalist and one of Iran’s leading political dissidents. His May 2009 speech to the University of Chicago Law School has recently been posted in the school’s excellent podcast series. The speech delves deeply into different ways of understanding Islam, and Ganji offers some very liberal interpretations which, he says, have substantial support […]
The Answer is 1,281
The Question: What is the maximum number of comments permitted by VC’s blogging software? (As determined by the “ultimate legal blog comment” thread.) You might think reaching the maximum of 1,281 comments as we did in that thread shows that the Internet is one grand waste of time. But I ask you this: Have two […]
The Father of American Politics
James Madison is often referred to as the father of the American Constitution. In a WSJ op-ed, Richard Brookhiser suggests Madison should also be regarded as “the father of American politics as we know it.” His essay concludes: James Madison helped build a republic. He was also an ambitious party activist who counted votes, stumped, […]
The First Part of ObamaCare to Go?
The NYT reports on growing bipartisan support for repealing one of the tax provisions contained in the health care reform legislation. To improve compliance, the law requires businesses to file a 1099 tax form identifying anyone to whom they pay $600 or more for goods or merchandise in a year. Businesses will also have to […]
We should have seen this one coming
Russian government allegedly teams with Microsoft to suppress dissenters using dubious claims of software piracy. Staggeringly excessive piracy penalties were pioneered by the United States, but it was only a matter of time before authoritarian governments discovered their charm.
Open Thread
What’s on your mind? Please keep it civil, as always.
Sunday Song Lyric
Live’s “Overcome” was not written as a 9/11 anthem, but it became one for many anyway. It was written before the attack, and appeared on Live’s mediocre “experimental” V, released in September 2001. In the wake of the World Trade Center’s collapse, the song struck a chord. Here’s the first verse: Even now the world is […]
Crystal Morning:
As I have in previous years, I’m again posting Evan Maloney’s moving 7 minute video “Crystal Morning” that documents the horrible events of 9/11 using raw audio from publicly-released 911 calls of that day. Although I’ve watched it numerous times through the years I’m still deeply moved every time I watch this. May God bless […]
Real-Time Googling of Jurors During Voir Dire
From Carino v. Muenzen (N.J. Super. Ct. App. Div.): During jury selection, Joseph’s counsel began using a laptop computer to access the internet, intending to obtain information on prospective jurors. Defense counsel objected and the following exchange took place: THE COURT: Are you Googling these [potential jurors]?[PLAINTIFF’S COUNSEL]: Your Honor, there’s no code law that […]
Reflecting on September 11, 2001
It was nine years ago today. Consider this an open thread for readers to post their thoughts and reflections on 9/11 — the events of that day, responses to it, and lessons we should learn from both.
“Mistress Ordered to Pay $5.8 Million” to Wronged Wife
WNCT-TV reports: The woman who broke up a North Carolina couple’s marriage has to pay $5.8 million [to the ex-wife]…. “[The defendant, the husband’s former high school classmate,] came down and helped my client paint her nursery and in the process she helped herself to my client’s husband,” Cynthia Mills of Mills & Bryant. She […]