Archive | 2010

Death Incentives

Mean Professor Anderson made his first year law and economics class memorize Greg Mankiw’s ten basic principles of economics, including … incentives matter.  Also, people make decisions at the margin.  One of the interesting questions – more than interesting, genuinely crucial to how one understands and interacts with other people – is when those heuristics […]

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The Black Knight of Strasbourg

The US and the EU have negotiated over travel reservation data three times in the last six years.  A US law enacted after 9/11 requires that airlines transporting travelers to the US provide information from the airline reservation about those travelers.  Europeans have been antsy about that requirement since 2003, and they’ve initiated three rounds […]

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Kerstein on Greenwald

A few days back, Instapundit linked to this scathing and reasonably entertaining attack on Glenn Greenwald by Benjamin Kerstein. At the time, I thought about linking to it, with a post along the lines of: “here’s a link to an entertaining attack on Glenn Greenwald. It’s well-written, unfair, a bit hysterical, with some grains of […]

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Fifth Circuit Holds That Texas Religious Freedom Restoration Act Mandates Exemption from School Hair-Length Restriction

The case is A.A. v. Needville Indep. School Dist., decided today; the opinion is written by Judge Higginbotham and joined by Judge Wiener, but Judge Jolly dissents. Here is the opening paragraph of the majority opinion: A Native American boy and his parents challenge a school district’s requirement that he wear his long hair in […]

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What if I had been a law professor in 1935?

While this is certainly a question that no-one is asking, there is an answer. The latest episode of Colorado Inside-Out, from Colorado Public Television channel 12 in Denver, is our annual “time machine” program. This year’s show is set in 1935. I’m Westminster Law School bankruptcy professor Israel Ben Koplowitz. Patricia Calhoun (real-life publisher of […]

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Scrivener’s Error

The Louisiana cyber-tormenting statute also has an error in it: It says that “The provisions of this Section shall not be construed to prohibit or restrict religious free speech pursuant to Article I, Section 18 of the Constitution of Louisiana,” but the religious freedom provision of the Louisiana Constitution is in section 8, and section […]

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It’s Now a Crime in Louisiana to Electronically Communicate With “Intent to … Abuse [or] Torment” a Minor

A newly enacted statute, Rev. Stat. 14:40.7 provides, in relevant part: A. Cyberbullying is the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of eighteen. B… (2) “Electronic textual, visual, written, or oral communication” means any […]

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Financial Regulation Reform – AALS Call for Papers

The American Association of Law Schools section on financial regulation is seeking paper proposals for the January meeting on all topics of financial regulation and regulatory reform.  The deadline for proposal submissions is August 1, fast approaching; I have posted details below the fold, and you can also contact my colleague Anna Gelpern with any […]

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Into the Home Stretch:

So we’re down to the final question: Who to root for on Sunday? [And who will win? See below] It’s a pretty complicated tangle. If it were a simple question (as it usually is, for me) of “Who’s playing the most beautiful and creative football?,” it would be easy to get behind Spain, who were […]

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