I posted a link to a draft of this paper (when it had a different title). It’s now been published in the Notre Dame Law Review, and here’s the final version.
Archive | December, 2013
Uruguay Legalizes Marijuana
Uruguay recently adopted the most far-reaching legalization of marijuana attempted by any nation in recent decades: The passage of a landmark marijuana legalization measure Tuesday means Uruguay is set to become the first country in the world to have a system regulating legal production, sale and consumption of the drug. It’s practically a done deal. […]
Dubious Achievements in Privacy Law — The 2014 Privies
Recognizing Stupid Privacy Laws It’s time to recognize just how stupid privacy law is getting. And what better way than by acknowledging the most dubious achievements of the year in privacy law? First I should explain why I think privacy law so often produces results that make no sense. After all, most of us think […]
Have Proved or Have Proven?
Is it “have proven false” or “have proved false”? “Have proven to be right” or “have proved to be right”? Google Ngrams, in keeping with some usage guides, tells us that historically “have proved” has been the dominant form. In recent books, though, the two have been roughly equally common. I think “have proved” is […]
Jazz Guitarist Jim Hall, Dead at 83
One of my favorite jazz musicians has died: Jim Hall, one of the great jazz guitarists. To get a sense of his sound, click here to listen to Intermodulation, Hall’s magnificent 1966 duet album with pianist Bill Evans. I also recommend this recent compilation of some of his early albums. Wonderful music. Finally, for a […]
What Happened to the Cell Phone Search Petitions?
I mentioned a while ago that the two cert petitions on cell phone searches incident-to-arrest were calendared for December 6. They have been delayed, however, as the Court asked for the lower court record in Riley, the smart phone case. We don’t know what the Justices expect to get from the record, but it’s at […]
BDS Opponent Claire Potter Suffers Social Media Harassment for Her Views
then changes her mind on the American Studies Association boycott resolution, perhaps for other reasons. But the entire situation is worth reviewing, given that BDS supporters are constantly claiming that pro-Israel forces are the ones doing the harassing, vilification, etc. Via Legal Insurrection, here are a couple of quotes from Potter about the reaction to […]
Tortious vs. Tortuous
“Tortious” is defined by the American Heritage Dictionary as the adjective form of the noun “tort,” so “tortious conduct” is conduct that constitutes a tort. “Tortuous” is defined as: 1. Having or marked by repeated turns or bends; winding or twisting: a tortuous road through the mountains. 2. Not straightforward; circuitous; devious: a tortuous plot; […]
Germany’s President May Be Boycotting the Sochi Olympics
German President Joachim Gauck may be boycotting the Winter Olympics in Sochi, Russia, in order to protest Russia’s human rights abuses: German President Joachim Gauck will not represent his country at the Winter Olympics in Sochi, Russia, his office says. The announcement makes Gauck, a former pastor, the first major political figure to boycott the […]
Bruno Leoni Institute Video Celebrating Leoni’s 100th Birthday
One of the most influential books that IHS introduced me to when I was in college was Bruno Leoni’s Freedom and the Law (available in pdf here). So I was delighted to have been invited to participate in a program celebrating Leoni’s 100th birthday today at the Cato Institute. Alas, we have been snowed out. […]
Heritage Foundation Event on A Conspiracy Against Obamacare
Readers who may have RSVP-ed for today’s Heritage Foundation event on our coauthored book A Conspiracy Against Obamacare should be aware that it has been cancelled because of the snowstorm in the DC area. However, we and Heritage intend to reschedule. When we have a new date for the event, one of us will post […]
Tale of Two Searches
Google news searches: Chinese+hackers+spied+on+g20 : 3 results NSA+spied+on+g20: 2,330 results UPDATE: china+hackers+spy+g20 -nsa: 4 results NSA+spy+G20 – china: 1,280 results
Taranto on a Kangaroo Court at Auburn University
If you missed this great column by James Taranto in the Wall Street Journal, here’s your chance to read it. I had my own run-in with university kangaroo justice, fortunately much less serious than what Taranto describes. Just before I was going to graduate college, a friend with whom I had a falling out chose […]
Dalek Potatohead
Want!
New London Mayor Advocates Devoting the Kelo Condemnation Site to a True “Public Use”
Eight years after the Supreme Court ruled in Kelo v. City of New London that private property can be taken and transferred to other private owners in order to promote “economic development” because such development qualifies as a “public use” under the Fifth Amendment, the Kelo condemnation site still lies empty. But New London Mayor […]