Prof. Mark Liberman (Language Log) quotes one, from The Age (Feb. 5, 2013) describing a litigant’s assertion: Justice Sifris erred in not finding Mr Goldberg was wrong in failing to set aside the summonses.
Archive | February, 2013
The Prospects for Reform of the Computer Fraud and Abuse Act
Will Congress amend the Computer Fraud and Abuse Act in light of the Aaron Swartz case? Don’t expect reforms any time soon, Politico suggests: Despite some recent momentum, there’s not much clamor for change coming from the White House — and as expected, the Justice Department, which once tried to expand the penalties of the […]
“Infringement on X’s Rights” or “Infringement of X’s Rights”?
A commenter on an earlier post suggested that “infringement on students’ rights” is mistaken, and should be “infringement of students’ rights.” The answer is a bit complicated, as it often is with prepositions in English, which tend to be partly idiomatic rather than entirely logical (e.g., why do we say “wrote on the site” but […]
North Great Neck Principal Says He Was Mistaken, Apologizes
Last week, I blogged about a letter sent by the principal of North Great Neck High School, a public high school on Long Island: We write this letter to inform you of a situation in our community about which we have deep concerns. There is a store front temple that serves kids free food and […]
Drone Strikes and Due Process
Mike Ramsey has a nice post over at the Originalism Blog.
Mixed strategies
I’ve just been teaching my law and economics class about mixed strategies in game theory, and I thought I’d share. This will be totally old hat to those who know anything about game theory, but hey, mixed strategies are fun. The game is the stag hunt, once described by Rousseau. We have two hunters, who […]
The Drone Targeting Dilemma
By Ilya Somin on February 8, 2013 10:45 am in Targeted Killing, War and Armed Conflict, War on Terror
The Obama administration memo on targeted killing has drawn an enormous amount of commentary, much of it hostile. To my mind, a lot of the criticism is overblown because it doesn’t give enough consideration to the fact that the memo’s rationale for targeted killing is strictly limited to American citizens who are “senior operational leader[s] […]
Justin Peters on Aaron Swartz
Writing in Slate, Justin Peters has a long, highly detailed, and quite balanced report about Aaron Swartz, his motivations, and his state of mind. It’s definitely worth a read if you’re at all interested in the Swartz case. This is a very strong piece, although I’ll make one small criticism of it: In my view, […]
Privatization’s Progeny
Today’s Thrower Symposium on privatization at Emory Law School, featuring a keynote address by Judge Kozinski and myself on one of the panels, was a great success. One benefit was seeing Jon Michaels of UCLA Law, whose work on privatization is always worth reading. Here’s his latest paper, Privatization’s Progeny, forthcoming in the Georgetown Law […]
The Drone White Paper, Imminence, and “Active Self-Defense”
By Kenneth Anderson on February 7, 2013 12:53 pm in Targeted Killing, War and Armed Conflict, War on Terror
Co-Conspirator Jonathan mentioned posts at Lawfare blog discussing the Drone White Paper that has been much in the news along with notice that the Awlaki OLC memo will be shared with Congress, and all with the Brennan hearings for CIA director. I have added a post at Lawfare that Volokh readers might find interesting; it […]
Copyright Nonsense
In my Copyright Law class, I’m teaching a fairly well-known (in copyright circles) trilogy of cases from the 9th Circuit on the permissible scope of copying of computer software (MAI v. Peak Computer, 991 F.2d 511 (1993), Triad Sys. v. Southeastern Express 64 F.3d 1330, (1995), and Wall Data, v. Los Angeles County Sheriff’s Dep’t, […]
Uber Regulation
A nice discussion by Larry Downes, over on Forbes.com, about the trials and tribulations of the Uber ride-dispatching service and what it says about the relationship between regulation and innovation.
I Wonder What They Mean by That
A marketing e-mail I got yesterday from Network Solutions: This Premium Domain is recommended just for you: SUCKERCITY.COM
Judicial Nominations of Legal Scholars: How Much Does Prior Scholarship Indicate Likely Decisions on the Bench?
CUNY Law Professor Jenny Rivera has been nominated for a position on the New York Court of Appeals. In a hearing earlier this week, some of the questioning focused on her article, An Equal Protection Standard for National Origin Subclassifications: The Context that Matters, 82 Wash. L. Rev 897 (2007), the abstract of which includes […]
Statutory Rape of 13-Year-Old Yields No Jail Time, Because of Defendant’s Cultural Insularity
The Daily Mail (UK) reports: A muslim who raped [in the sense of statutory rape -EV] a 13-year-old girl he groomed on Facebook has been spared a prison sentence after a judge heard he went to an Islamic faith school where he was taught that women are worthless. Adil Rashid, 18, claimed he was not […]