Academic

The rhetorical orgin of Sarah Palin's "death panel"

Posted on August 11, 2009
Despite her July 26, 2009, resignation as governor of Alaska, Sarah Palin remains a formidable political force. She has shifted her primary written platform from Twitter to Facebook.Sarah Palin's Facebook page has had an immediate and profound impact on national politics...

Malaise in America again

Posted on July 15, 2009
Thirty years ago, President Jimmy Carter delivered A Crisis of Confidence, better known as "The Malaise Speech." We stand again on a precipice of national decline, having frittered away three decades of opportunities to address energy dependency, environmental protection, and climate change...

In Defense of Law School--A Response to Lippe

Posted on July 10, 2009
There has been plenty of buzz on legal blogs lately in response to Paul Lippe's AmLaw blog post laying out the case against the prevailing law school pedagogical model, in particular the status and role of the law faculty. There is no question that there is room for improvement in the American law school model, as there is in every educational model...

Governor Mark Sanford faces the music

Posted on June 24, 2009
In a genuinely remarkable pieces of American political theater, Governor Mark Sanford of South Carolina admitted that he had not in fact taken a hike on the Appalachian Trail during a five-day absence, but rather conducted an extramarital affair in Argentina...

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Neda ??? : In life apolitical, in death a symbol of resistance

Posted on June 23, 2009
In a death seen around the world, a symbol of Iranian protestsIt was hot in the car, so the young woman and her singing instructor got out for a breath of fresh air on a quiet side street not far from the antigovernment protests they had ventured out to attend...

Neda ???

Posted on June 21, 2009
This video is as compelling as it is graphic:In death she is being called Neda ???, which in Farsi means the voice or the call.

Feudalism Unmodified / Something Blue

Posted on June 16, 2009
Feudalism Unmodified: Discourses on Farms and Firms, 45 Drake L. Rev. 361 (1997) (with Edward S. Adams):The regulation of market structure and industrial organization often restricts firms whose size and scope favor sharp distinctions between labor, management, and capital...

Tehran, June 15, 2009

Posted on June 15, 2009
Photo: Ben Curtis/Associated Press

Literary Warrant [43]

Posted on June 12, 2009
McSorley's Old Ale HouseMarilyn A. Brown, Frank Southworth & Andrea Sarzynski, Metropolitan Policy Program, Brookings Institution, Shrinking the Carbon Footprint of Metropolitan America (May 2008)"The nation?s carbon footprint has a distinct geography not well understood or often discussed...

Least complicated

Posted on June 08, 2009
Least complicatedSome long ago when we were taughtThat for whatever kind of puzzle you gotYou just stick the right formula inA solution for every fool— Indigo Girls, Least Complicated, Swamp Ophelia (1994)Yes, there is a connection to law. Read all about it in  The Cardinal Lawyer.

Follow J.C. Redbird on Twitter

Posted on June 05, 2009
»  Adapted from The Cardinal Lawyer  «Twitter is a lightweight online platform that blends blogging and social networking. Its users "tweet" by answering a simple question: "What are you doing?" All answers are limited to 140 characters — the length of an SMS text message, minus 20 characters...

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Posted on May 22, 2009

I de dager var kjempene på jorden

Posted on May 05, 2009
Again from Recess Appointment, chapter 3 of Iridescence:I de dager var kjempene på jorden. The land of one's childhood, no matter its physical location, marks the same place on every person's emotional map. In those days there were giants in the earth, and the sons of God came unto the daughters of men...

Manifold destiny

Posted on April 30, 2009
From Recess Appointment, chapter 3 of Iridescence:No reach back into ancient natural history can resist the temptation of the near emotional future. You will believe in that orgiastic future no matter how badly the recent personal past distorts your view of current global reality...

Memory and redshift

Posted on April 28, 2009
No less than their sensory counterparts, the waves of personal remembrance obey Doppler's law. The mind in motion never quite perceives what passes before the mind at rest. Emotional recall obeys the forces that bend the peal of a passing bell and warp the color of distant stars...

Creamskimming and competition

Posted on April 27, 2009
Herewith my latest paper, Creamskimming and Competition:Creamskimming and CompetitionThe concept of ?creamskimming? arises with regularity in the law of regulated industries. As a rhetorical weapon, the term ?creamskimming? readily conjures images of the sort of putatively destructive competition that regulatory commissions are charged with patrolling...

Seton Hall Law Review symposium

Posted on April 27, 2009
Seton Hall Law Review SymposiumOctober 30, 2009Seton Hall Law SchoolNewark, NJSecurities Regulation and the Global Economic Crisis: What Does the Future Hold?CALL FOR PAPERSThe Seton Hall Law Review will be hosting a Symposium on October 30, 2009, at Seton Hall Law School in Newark, NJ, to address the role of securities regulation in the current global financial crisis...

Literary Warrant [42]

Posted on April 06, 2009
John Ashbery, Moon Glow, 2008 (collage)The spoon went injust right,stirred the coffee,was removed and layon the saucer, silent.The lost librarybooks fantasizedabout where they'd end up,notrealizing they already had.?from John Ashbery, A November, A Worldly Country (New York: Harper Collins, 2007)American Society of Civil Engineers (ASCE), 2009 Report Card for America's Infrastructure (March 25, 2009)"The 2009 Report Card for America?s Infrastructure finds not much has changed since the last edition four years ago...

Visualizing Networks in Law - The New Computational Legal Studies Blog

Posted on March 30, 2009
In what is undoubtedly one of the most fascinating new blawgs to start up in a long while, Dan Katz and Michael Bommarito, two political science PhD students at Michigan, have launched the Computational Legal Studies Blog. Using massive data sets and computational software for analyzing and visualizing networks, the sites features articles, posts, and diagrams tapping into such matters as political contributions to Senators by industry, contributions to Senators from TARP institutions, the flow of judicial clerks within the federal judiciary, and the structure of academic disciplines (including law) based on web clicks on journals...

Train wreck

Posted on March 22, 2009
Train wreck at Montparnasse Station, Paris, France, 1895.From Daphne Merkin, If Looks Could Steal, N.Y. Times (March 22, 2009):[T]o call Mr. Madoff a sociopath isn?t really to explain him so much as to explain our failure to pick up on his scam. ?Everything that deceives,? decreed Plato, ?can be said to enchant...

Literary Warrant [41]

Posted on March 12, 2009
Municipal Waste, Richmond, VA, thrash metal band, liveBryson Bates et al., eds., Intergovernmental Panel on Climate Change (IPCC), Climate Change and Water (2008)"This Technical Paper consists of eight sections. Following the introduction to the Paper (Section 1), Section 2 is based primarily on the assessments of Working Group I, and looks at the science of climate change, both observed and projected, as it relates to hydrological variables...

????????? ????

Posted on March 07, 2009
Nam Sibyllam quidem Cumis ego ipse oculis meis vidi in ampulla pendere et cum illi pueri dicerent: ??????? ?? ??????; respondebat illa: ????????? ????.—  T.S. Eliot, The Waste Land (1922)

The Race to the Bottom and Ward Churchill

Posted on March 07, 2009
The Race to the Bottom, a blog that Jurisdynamics and MoneyLaw follow with interest, will cover the Ward Churchill trial.

Clawback

Posted on February 23, 2009
"Should executives get to keep lavish pay packages when the profits that generated their compensation go up in smoke?" A growing, grumbling chorus says "yes":With losses mounting at the nation?s largest financial institutions, years of earnings have been erased, investors have lost billions, thousands of employees have been let go, and taxpayers have been tapped to rescue the financial system...

Venus setting: A piece of the night

Posted on February 20, 2009
James Watkins, Winter Sunday, Venus Setting (2009)Gin Blossoms, Pieces of the Night , New Miserable Experience (1992)Is it any wonder that the stars just don't rush byWhen you're only doing 60 through this oh-so-vacant nightBut it's lacking something big this timeWhat the hell did you expect to findAphrodite on a barstool by your sideTwelfth night we goAfter something everyone should knowSomewhere in the distance out of sight ...

Darwin's beautiful mind, still not fully appreciated

Posted on February 09, 2009
George Richmond, Charles Darwin (1840)Nicholas Wade's reflections on Charles Darwin upon the bicentennial of his birth and the sesquicentennial of The Origin of Species resonate strongly. It is often said that progress in a science is measured by the speed with which its founders are forgotten...

Tech Theory returns

Posted on February 02, 2009
Law and Technology Theory, an affiliate of this blog's extended network, has returned. A global consortium of bloggers will address the question of human autonomy and technology throughout February and March 2009. Arthur Cockfield, the host of this extended series of related posts on Tech Theory, begins the discussion with an overview of instrumental and substantive theories of technology.

Literary Warrant [40]

Posted on January 27, 2009
Bodleian Library QuadrangleAmerican Society of Civil Engineers (ASCE), 2009 Report Card for America's Infrastructure"The Report Card is an assessment by professional engineers of the nation's status in 15 categories of infrastructure. In 2009, all signs point to an infrastructure that is poorly maintained, unable to meet current and future demands, and in some cases, unsafe...

Earthrise on Christmas Eve

Posted on December 24, 2008
EarthriseDecember 24, 1968Peace on earth,good will to all

A mountain wind falling on oak trees

Posted on December 21, 2008
table border=0 cellspacing=0 cellpadding=0tr style="background:#663300; color:#dddd99"td style="padding:15px"img src="http://graphics8.nytimes.com/images/2008/12/18/arts/26113827.JPG" style="width:217px; border: 0px none #663300; padding:0px" alt="Artemis" title="Artemis"/tdtd style="padding:15px"not one girl I thinkbr /who looks on the light of the sunbr /will everbr /have wisdombr /like thisbr /br /div align="right" style="margin:0px 0px 0px 20px"mdash;nbsp;Sappho, emFragment 56/em, emin/em Anne Carson, a href="http://www...

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