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Academic Blog Posts from November 19, 2009

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Academic Posts (November 19, 2009)

NOW THIS IS JUST SAD. UPDATE: Reader Dave Ivers writes: ?Honestly. She just drives them insane?

NOW THIS IS JUST SAD. UPDATE: Reader Dave Ivers writes: “Honestly. She just drives them insane, doesn’t she? Not a rational thought in the bunch. I’m not that wild about Palin, but I wonder what effect a couple of more years of this idiocy will have.”
Posted on Instapundit.com on November 19, 2009 at 11:49 PM

JEFFREY GOLDBERG: When Andrew Attacks?.

JEFFREY GOLDBERG: When Andrew Attacks.
Posted on Instapundit.com on November 19, 2009 at 11:37 PM

PATTERICO: L.A. Times Columnist Uncritically Quoted Star of Latest ACORN Video. ?In September, L.A?

PATTERICO: L.A. Times Columnist Uncritically Quoted Star of Latest ACORN Video. “In September, L.A. Times columnist James Rainey wrote a column in which he uncritically quoted ACORN worker Lavelle Stewart suggesting that she had turned Hannah Giles and James O?Keefe out of her office . . . It?s too bad Rainey never [...]
Posted on Instapundit.com on November 19, 2009 at 11:33 PM

POLLS: Obama?s approval among independents down to ? 34/51; Support for ObamaCare down to 40/52?

POLLS: Obama?s approval among independents down to ? 34/51; Support for ObamaCare down to 40/52. Message to Dems: That makes ObamaCare considerably less popular than Sarah Palin.
Posted on Instapundit.com on November 19, 2009 at 10:56 PM

UH OH: Sarah Palin approval 47, Barack Obama approval 46?.

UH OH: Sarah Palin approval 47, Barack Obama approval 46.
Posted on Instapundit.com on November 19, 2009 at 10:51 PM

ANN ALTHOUSE: Memo to CBS and Katie Couric: Release the unedited Palin video. ?Sarah Palin critici?

ANN ALTHOUSE: Memo to CBS and Katie Couric: Release the unedited Palin video. “Sarah Palin criticizes CBS for editing long interviews into the most damaging soundbites and making her look stupid and irritable. There’s an easy solution: Release the unedited video. There is a lot of material in the book making assertions about [...]
Posted on Instapundit.com on November 19, 2009 at 10:07 PM

Senate Advances Obama Pick for Seventh Circuit Court of Appeals

onPolitics (USA Today): Senate advances David Hamilton for appeals court: The Senate voted 70-29 today to end a filibuster threat against one of President Obama's first federal judiciary appointees, David Hamilton of Indiana. Obama nominated Hamilton to the United States...
Posted on Reproductive Rights Prof Blog on November 19, 2009 at 9:47 PM

How to make better PowerPoint slides for the classroom

This one goes out to all the teachers who follow this blog. It's an article from Inside Higher Ed discussing advice for making effective PowerPoint slides in connection with undergraduate courses but the lessons apply equally well to the law...
Posted on Adjunct Law Prof Blog on November 19, 2009 at 9:47 PM

Gail Collins on the "Breast Brouhaha"

NY Times Op-Ed Column: The Breast Brouhaha, by Gail Collins:. . . [T]his week, a federal task force reported that most women don?t need annual mammograms. . . The report triggered two immediate and inevitable responses. Doctors and patients began...
Posted on Reproductive Rights Prof Blog on November 19, 2009 at 9:37 PM

Task Force Clarifies Recommendations on Mammograms; Obama Administration Assures Federal Screening Policies Won't Change

Wall St. Journal: Task Force Clarifies New Mammography Guidelines, by Barbara Martinez, Shirley S. Wange, and Jonathan D. Rockoff: The federally-funded task force that loosened breast-cancer screening guidelines this week clarified its position Thursday, in response to the intense backlash...
Posted on Reproductive Rights Prof Blog on November 19, 2009 at 9:33 PM

THE INSTA-DAUGHTER ON WATCHING PALIN: ?Sarah Palin?s got to stop blaming the media soon. It?s like?

THE INSTA-DAUGHTER ON WATCHING PALIN: “Sarah Palin’s got to stop blaming the media soon. It’s like Obama blaming George W. Bush for everything. It works for a while and then it gets old.”
Posted on Instapundit.com on November 19, 2009 at 9:23 PM

A Comparison of the House and Senate Health Care Bills

The New York Times website offers an interactive feature that provides a look at how the House and Senate health care proposals compare on some key issues, including abortion. NY Times: Comparing the House and the Senate Health Care Proposals:...
Posted on Reproductive Rights Prof Blog on November 19, 2009 at 9:23 PM

Senate Health Care Bill Less Restrictive on Abortion Than House Version

God & Country (US News & World Report): Senate Healthcare Plan Lacks House Bill's Strict Abortion Funding Ban, by Dan Gilgoff: Now that Sen. Harry Reid has released the Senate version of the healthcare bill, the two main sides in...
Posted on Reproductive Rights Prof Blog on November 19, 2009 at 9:17 PM

L.A. STORY: Another ACORN video from Big Government. And some people thought this had ended . . . ?

L.A. STORY: Another ACORN video from Big Government. And some people thought this had ended . . . .
Posted on Instapundit.com on November 19, 2009 at 9:15 PM

TENNESSEE?S DEMOCRATIC GOVERNOR PHIL BREDESEN: Every member of Congress should have to sit through ?

TENNESSEE’S DEMOCRATIC GOVERNOR PHIL BREDESEN: Every member of Congress should have to sit through state budget hearings to appreciate how much extra expense they will be adding to State Budgets because of Congress’s healthcare “reform” proposals.
Posted on Instapundit.com on November 19, 2009 at 9:00 PM

Open Financial Regulation

I've written a number of posts on my research so far that applies Open Source concepts to risk models and...
Posted on Conglomerate on November 19, 2009 at 8:09 PM

Open Financial Regulation

I've written a number of posts on my research so far that applies Open Source concepts to risk models and...
Posted on Conglomerate on November 19, 2009 at 8:09 PM

Super Lawyers Rankings and Law School Size

Following up on Dan Filler's post on the Super Lawyers Rankings (as modified by Dean Van Zandt of Northwestern) and correcting for size of JD institution, I thought that I'd take a quick look at the rankings and their relationship...
Posted on The Faculty Lounge on November 19, 2009 at 7:38 PM

VIRGINIA POSTREL: Andy Stern Should Back This Cause?.

VIRGINIA POSTREL: Andy Stern Should Back This Cause.
Posted on Instapundit.com on November 19, 2009 at 7:35 PM

Shany on Terror, Human Rights, & Humanitarian Law

Yuval Shany (Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology) has posted Human Rights and Humanitarian Law As Competing Legal Paradigms for Fighting Terror (COLLECTED COURSES OF THE ACADEMY OF EUROPEAN LAW, HUMAN RIGHTS AND INTERNATIONAL...
Posted on Legal Theory Blog on November 19, 2009 at 7:34 PM

JOE PAPPALARDO: Hopes Stirring at NASA for Ares I Vindication?.

JOE PAPPALARDO: Hopes Stirring at NASA for Ares I Vindication.
Posted on Instapundit.com on November 19, 2009 at 7:24 PM

How incompetent was Capt. Picard, anyway?

Last night, while watching the preposterous but nevertheless entertaining "Star Trek: Next Gen" episode where a rampant virus makes everyone on the Enterprise "devolve" into giant spiders, lemurs, and other creatures, I had an insight. This is yet another episode...
Posted on The Yin Blog on November 19, 2009 at 6:39 PM

Agreed Suspension Rejected In Favor Of Censure

An Arizona hearing officer has rejected as "too severe" proposed stipulated discipline of a suspension for six months and one day and recommended public censure and probation in a disciplinary matter involving two charges. One of the matters involved a...
Posted on Legal Profession Blog on November 19, 2009 at 6:20 PM

SHAHNAZ HABIB REVIEWS Richard Bernstein?s The East, the West, and Sex: A History of Erotic Encounter?

SHAHNAZ HABIB REVIEWS Richard Bernstein’s The East, the West, and Sex: A History of Erotic Encounters.
Posted on Instapundit.com on November 19, 2009 at 6:09 PM

Big State Law School?

I've been enjoying Erik's posts, particularly his back-and-forth with Larry (and apparently much of the blawgosphere) on the fate of...
Posted on Conglomerate on November 19, 2009 at 5:57 PM

Big State Law School?

I've been enjoying Erik's posts, particularly his back-and-forth with Larry (and apparently much of the blawgosphere) on the fate of...
Posted on Conglomerate on November 19, 2009 at 5:57 PM

If Complexity is the Problem, is Technology the Cure?

We hear a lot about "complexity" as a contributing factor to the financial crises. Steven Schwarcz (Duke) pins blame on...
Posted on Conglomerate on November 19, 2009 at 5:34 PM

If Complexity is the Problem, is Technology the Cure?

We hear a lot about "complexity" as a contributing factor to the financial crises. Steven Schwarcz (Duke) pins blame on...
Posted on Conglomerate on November 19, 2009 at 5:34 PM

VIDEO: Meet Dr. Megavolt?.

VIDEO: Meet Dr. Megavolt.
Posted on Instapundit.com on November 19, 2009 at 5:18 PM

Blank on International Financial Institutions & International Humanitarian Law

Laurie R. Blank (Emory Law School) has posted The Role of International Financial Institutions in International Humanitarian Law: A Report from the International Humanitarian Law Working Group on SSRN. Here is the abstract: International financial institutions are increasingly involved in...
Posted on Legal Theory Blog on November 19, 2009 at 4:50 PM

Student Blogger - Think of the Consequences

Imagine you are the newly appointed director of the Centers for Disease Control. You are reviewing a report that suggests that a new vaccine is likely to prevent thousands of deaths from an impending outbreak of a new viral epidemic....
Posted on The University of Chicago Law School Faculty Blog on November 19, 2009 at 4:36 PM

The Van Zandt Law School Rankings

The folks over at Above the Law are reporting that Northwestern Law dean David Van Zandt has issued an email to law students addressing the new Super Lawyer rankings. In these rankings, which we discussed here, Northwestern landed at #18....
Posted on The Faculty Lounge on November 19, 2009 at 4:36 PM

HANDS-ON TEST of Monster?s power line networking technology?.

HANDS-ON TEST of Monster’s power line networking technology.
Posted on Instapundit.com on November 19, 2009 at 4:00 PM

APA Adopts New Policy on Religious Institutions that Discriminate Against Gay Men and Women

Alastair Norcross (Colorado) reports that the National Board of the American Philosophical Association has now taken action on an initiative that began with a letter from Charles Hermes (UT Arlington) (posted here last February) and then a petition he crafted...
Posted on The Leiter Reports on November 19, 2009 at 3:57 PM

FOLIC ACID boosts cancer risk?

FOLIC ACID boosts cancer risk?
Posted on Instapundit.com on November 19, 2009 at 3:42 PM

Fireworks Between Geithner and Representative Brady

In today's Joint House and Senate Economic Committee hearing, Republican Representative from Texas Kevin Brady asked Treasury Secretary Timothy Geithner to resign. Geithner responded in the negative, pointing out that President Obama inherited an economy "falling off the cliff." Link:...
Posted on Banking Law Prof Blog on November 19, 2009 at 3:39 PM

VIDEO: County-by-county job loss since 2007?.

VIDEO: County-by-county job loss since 2007.
Posted on Instapundit.com on November 19, 2009 at 3:37 PM

Speaking of American fascists...

...as we and others have been doing, other worrisome signs continue to appear.
Posted on The Leiter Reports on November 19, 2009 at 3:32 PM

TUNKU VARADARAJAN: Reliving Mumbai?s 9/11?.

TUNKU VARADARAJAN: Reliving Mumbai’s 9/11.
Posted on Instapundit.com on November 19, 2009 at 3:25 PM

BUMMER: Officially official: Aptera production pushed back to 2010?.

BUMMER: Officially official: Aptera production pushed back to 2010.
Posted on Instapundit.com on November 19, 2009 at 3:13 PM

TAX COURT LACKS JURISDICTION to order IRS to apologize to taxpayer. Hmm. Has it no inherent equita?

TAX COURT LACKS JURISDICTION to order IRS to apologize to taxpayer. Hmm. Has it no inherent equitable power? And the claim that an apology would violate sovereign immunity strikes me as dubious.
Posted on Instapundit.com on November 19, 2009 at 3:07 PM

FASTER, PLEASE: Self-Cleaning, Super-Absorbant Solar Cells?.

FASTER, PLEASE: Self-Cleaning, Super-Absorbant Solar Cells.
Posted on Instapundit.com on November 19, 2009 at 2:57 PM

SuperLawyer Law School Rankings - Balloon Boy Redux

Posted by Jeff Lipshaw Or something like that. To pile on top of what Alan has to say, what I mean to say is the seeking of publicity for the sake of publicity. And I say that as somebody who...
Posted on Legal Profession Blog on November 19, 2009 at 2:35 PM

Facebook Dilemma ? Should we be ?friends? with colleagues?

OK, so I’m a pre-tenure professor lucky to have lots of friends and acquaintances from multiple phases of life including high school, college and grad school. I also have several academic colleagues who I consider friends ? we discuss pop culture along with more serious matter at conferences. Inevitably this leads to looking for easy [...]
Posted on Voir Dire on November 19, 2009 at 2:18 PM

The Mammogram Conundrum

Anyone who is interested in behavioral psychology has to be fascinated by the consequences of The United States Preventive Services...
Posted on Conglomerate on November 19, 2009 at 2:09 PM

The Mammogram Conundrum

Anyone who is interested in behavioral psychology has to be fascinated by the consequences of The United States Preventive Services...
Posted on Conglomerate on November 19, 2009 at 2:09 PM

Rankings Ridiculousness Reaches a New High/Low

Posted by Alan Childress Rating law schools by the number of "SuperLawyers" as alum is not a ranking of any kind. It is flat wrong for anyone to treat this seriously. It is a publicity stunt by a commercial enterprise....
Posted on Legal Profession Blog on November 19, 2009 at 2:08 PM

DONATED BLOOD AGAIN for the Blue/Orange blood drive. The questions just seem to get longer, but t?

DONATED BLOOD AGAIN for the Blue/Orange blood drive. The questions just seem to get longer, but the crowd was good today — and, somewhat unusually, almost all male. Usually it seems to lean the other way. I don’t know if Tennessee will beat Kentucky again, but either way it’s a win. And yeah, [...]
Posted on Instapundit.com on November 19, 2009 at 2:06 PM

?SMART GRID? A THREAT TO PRIVACY? ?According to the study, examples of information that utilities a?

“SMART GRID” A THREAT TO PRIVACY? “According to the study, examples of information that utilities and partner companies might be able to glean from more granular power consumption data include whether and how often exercise equipment is used; whether a house has an alarm system and how often it is activated; when occupants usually [.
Posted on Instapundit.com on November 19, 2009 at 2:03 PM

REID BILL?S TRUE COST: More than twice what?s advertised??

REID BILL’S TRUE COST: More than twice what’s advertised?
Posted on Instapundit.com on November 19, 2009 at 2:00 PM

Blank & Guiora on the Law of Armed Conflict & New Warfare

Laurie R. Blank and Amos N. Guiora (Emory Law School and University of Utah - S.J. Quinney College of Law) has posted Teaching an Old Dog New Tricks: Operationalizing the Law of Armed Conflict in New Warfare (Harvard National Security...
Posted on Legal Theory Blog on November 19, 2009 at 1:47 PM

MICROSOFT OFFICE 2010 BETA: First Impressions?.

MICROSOFT OFFICE 2010 BETA: First Impressions.
Posted on Instapundit.com on November 19, 2009 at 1:40 PM

Is Kiva a Private Equity Fund?

Kiva.org is all aflurry these days after a blogger disclosed that lenders under the Kiva system are not actually lending...
Posted on Conglomerate on November 19, 2009 at 1:30 PM

Is Kiva a Private Equity Fund?

Kiva.org is all aflurry these days after a blogger disclosed that lenders under the Kiva system are not actually lending...
Posted on Conglomerate on November 19, 2009 at 1:30 PM

Florida Adopts New Computer-Access Advertising Rule

The Florida Supreme Court, in response to a petition from the Florida Bar, has withdrawn its earlier opinion on proposed amendments to rules regulating computer-accessed attorney advertising and adopted a version of the Bar's proposed amendments. The new Rule is...
Posted on Legal Profession Blog on November 19, 2009 at 1:28 PM

Reconsideration Denied In Bar Admission Matter Involving Unpaid Student Loans

An applicant for admission to the New York Bar sought an order vacating the denial or reargument. The Appellate Division for the Third Judicial Department denied the relief, concluding that the procedures regulating the admissions process were satisfied and that...
Posted on Legal Profession Blog on November 19, 2009 at 1:12 PM

Is Law a Serious Discipline? And Who Are You Calling an Ignoramus?

Posted by Jeff Lipshaw I'm sitting in the University of Michigan Law Library (by courtesy!) reading a delightful and irreverent essay on Anglo-American common law as a discipline by Peter Goodrich at Cardozo. Here's the abstract of Intellection and Indiscipline...
Posted on Legal Profession Blog on November 19, 2009 at 1:00 PM

Faculty Blogs: Kudos to the Arbitration Team

Our arbitration team, Lily Chan, Jamie Izlar, Brandon Edwards, and Samantha Thomas, competed in the ABA Student Division National Arbitration Competition regionals at Creighton this past weekend.� Samantha and Brandon competed twice against Chapman. Chapman is known nationally for the competitiveness of its arbitration teams, and one of its teams won t
Posted on University of Louisville Law Faculty on November 19, 2009 at 12:32 PM

IN THE MAIL: From Nick Schulz and Arnold Kling, From Poverty to Prosperity: Intangible Assets, Hidd?

IN THE MAIL: From Nick Schulz and Arnold Kling, From Poverty to Prosperity: Intangible Assets, Hidden Liabilities and The Lasting Triumph over Scarcity.
Posted on Instapundit.com on November 19, 2009 at 12:00 PM

ERIC POSNER: Why Has Holder Decided to Try Khalid Sheikh Mohammed in a Civilian Court? The answer i?

ERIC POSNER: Why Has Holder Decided to Try Khalid Sheikh Mohammed in a Civilian Court? The answer is not ?the rule of law.?
Posted on Instapundit.com on November 19, 2009 at 11:45 AM

Google Delivers The Law. Are West and Lexis Sweating?

Google is at it again. Google Scholar has just been expanded to include (some number of) federal judicial opinions. I'm not certain the extent of this collection and, because of that, I'm not sure whether this collection is tons more...
Posted on The Faculty Lounge on November 19, 2009 at 11:37 AM

BYRON YORK: Did Holder stiff Senate on Justice Dept. lawyers who defended jihadis? ?Some Republica?

BYRON YORK: Did Holder stiff Senate on Justice Dept. lawyers who defended jihadis? “Some Republicans on the Senate Judiciary Committee were taken aback Wednesday by Attorney General Eric Holder’s refusal to reveal conflicts of interest involving Justice Department lawyers who, before joining the Obama administration, worked on behalf of G
Posted on Instapundit.com on November 19, 2009 at 11:29 AM

Conference Announcement: Princeton Graduate Conference in Political Theory

Graduate Conference in Political Theory Princeton University 9-10 April 2010 The Committee for the Graduate Conference in Political Theory at Princeton University welcomes papers concerning any period, methodological approach or topic in political theory, political philosophy, or the history of...
Posted on Legal Theory Blog on November 19, 2009 at 11:24 AM

I BLAME THE FAILED POLICIES OF THE BUSH ADMINISTRATION: Kellogg Co. warns of nationwide Eggo shorta?

I BLAME THE FAILED POLICIES OF THE BUSH ADMINISTRATION: Kellogg Co. warns of nationwide Eggo shortage.
Posted on Instapundit.com on November 19, 2009 at 11:20 AM

DOES NANCY PELOSI KNOW ABOUT THIS? Dems To Tax Cosmetic Surgery?.

DOES NANCY PELOSI KNOW ABOUT THIS? Dems To Tax Cosmetic Surgery.
Posted on Instapundit.com on November 19, 2009 at 11:12 AM

Michelman on standing to sue over government surveillance

Scott Michelman (American Civil Liberties Union) has posted Who Can Sue Over Government Surveillanc to SSRN. Abstract: The nature and scope of new government electronic surveillance programs in the aftermath of September 11 have presented acute constitutional questions about executive...
Posted on Civil Procedure Prof Blog on November 19, 2009 at 11:10 AM

Dissent in West Virginia Court Email Disclosure Case

Justice Workman has posted his dissent in the recent case before the West Virginia Supreme Court in which the majority had restricted public access to emails from another justice to the litigant in the Caperton v. Massey case: I agree...
Posted on Legal Profession Blog on November 19, 2009 at 10:50 AM

ERIC SCHEIE: Where Were You When Wood Became A Felony??

ERIC SCHEIE: Where Were You When Wood Became A Felony?
Posted on Instapundit.com on November 19, 2009 at 10:41 AM

Winkler on Free Speech & Federalism

Adam Winkler (University of California, Los Angeles - School of Law) has posted Free Speech Federalism (Michigan Law Review, Vol. 108, 2009) on SSRN. Here is the abstract: For decades, constitutional doctrine has held that the Constitution?s guarantee of freedom...
Posted on Legal Theory Blog on November 19, 2009 at 10:41 AM

Neglect + Contempt = Suspension

From the web page of the Ohio Supreme Court: The Supreme Court of Ohio today suspended the license of [a] Cleveland attorney...for one year, with the last six months of that term stayed on conditions, based on [his] repeated failures...
Posted on Legal Profession Blog on November 19, 2009 at 10:23 AM

Aaron Kay, ?The Psychological Power of the Status Quo?

Situationist Contributor Aaron Kay is an Assistant Professor of Social Psychology at the University of Waterloo in Canada. Professor Kay’s research has focused on the integration of implicit social-cognitive processes with the study of broad social issues. In his primary line of work, he investigates the myriad ways by which people cope with, ada
Posted on The Situationist on November 19, 2009 at 10:20 AM

Same-Sex Health Care Benefits Upheld

The New York Court of Appeals has affirmed the dismissal of claims brought by taxpayers that had challenged directives that had recognized the provision of public employee health insurance benefits to same-sex couples married in other states and Canada: "the...
Posted on Legal Profession Blog on November 19, 2009 at 10:16 AM

DAVID HARSANYI ON SARAH PALIN: ?All you haters out there force me to root for her.? ?The widely re?

DAVID HARSANYI ON SARAH PALIN: “All you haters out there force me to root for her.” “The widely read blogger and purveyor of all truth, Andrew Sullivan, was impelled to blog 17 times on the subject of Palin on the same day Americans learned that the Obama administration awarded $6.7 billion in stimulus [...]
Posted on Instapundit.com on November 19, 2009 at 10:14 AM

Fee Issue Remand

The District of Columbia Court of Appeals affirmed the grant of summary judgment to a lawyer in a legal malpractice case brought pro se by the former client. The lawyer had been retained to pursue an employment discrimination claim. The...
Posted on Legal Profession Blog on November 19, 2009 at 10:01 AM

Your Thursday morning retro entertainment

You have to dig really deep into the 80s vault to find this one.
Posted on The Faculty Lounge on November 19, 2009 at 9:55 AM

CLAUDIA ROSETT: Terrorists ?Saved or Created.??

CLAUDIA ROSETT: Terrorists ?Saved or Created.?
Posted on Instapundit.com on November 19, 2009 at 9:52 AM

ANDREW BREITBART ON SARAH PALIN AS A ?RED-STATE OPRAH.? I said something similar the other day in?

ANDREW BREITBART ON SARAH PALIN AS A “RED-STATE OPRAH.” I said something similar the other day in The Hill: “Whatever else Sarah Palin has done, she is positioned to be the kingmaker — or, more accurately, the kingbreaker — in the Republican 2012 contest. Even if she doesn’t run, she commands enough loyalty and [..
Posted on Instapundit.com on November 19, 2009 at 9:37 AM

Mid-week Links

From Above the Law, Law School Tuition Hikes in California. Says Elie Mystal: ?And UC Davis, what the hell are you thinking? Do students get their own private sex slave with those tuition checks?? (Prior Lounge coverage of the UC...
Posted on The Faculty Lounge on November 19, 2009 at 9:34 AM

GLAD I?M NOT FLYING TODAY: FAA: Flights Delayed Across Country Because of Computer Problems?.

GLAD I’M NOT FLYING TODAY: FAA: Flights Delayed Across Country Because of Computer Problems.
Posted on Instapundit.com on November 19, 2009 at 9:28 AM

Innovators and Value Creators from 40 to 80

Fortune magazine has published its annual "40 under 40" list of rising stars in business. Topping the list is Google...
Posted on Conglomerate on November 19, 2009 at 9:27 AM

Innovators and Value Creators from 40 to 80

Fortune magazine has published its annual "40 under 40" list of rising stars in business. Topping the list is Google...
Posted on Conglomerate on November 19, 2009 at 9:27 AM

?CRUSHING.? ?Holder imagines that he can hide inside that ?thoughtful? routine that Obama so often ?

“CRUSHING.” “Holder imagines that he can hide inside that ‘thoughtful’ routine that Obama so often relies on, but it is utterly pathetic here. Either he knows damned well what he’s doing and he’s lying or he’s outrageously unqualified for his job. His evasive style is so similar to Obama’s that he
Posted on Instapundit.com on November 19, 2009 at 9:26 AM

What do philosophers believe?

David Chalmers explains the idea behind this fun survey meant to gauge the distribution of philosophical opinions about a range of traditional and au courant philosophical issues. You will, however, need a PhilPapers account or a 'guest' account for survey...
Posted on The Leiter Reports on November 19, 2009 at 9:23 AM

REPORTING ON THE National Book Award winners?.

REPORTING ON THE National Book Award winners.
Posted on Instapundit.com on November 19, 2009 at 9:08 AM

KRISTINA RASMUSSEN: Surprise: Recovery.gov Has A Credibility Problem. Related: Recovery Chief:?

KRISTINA RASMUSSEN: Surprise: Recovery.gov Has A Credibility Problem. Related: Recovery Chief: Yeah, I Can’t Back Up Those Numbers.
Posted on Instapundit.com on November 19, 2009 at 8:48 AM

ANALYST: Stock Market Makes No Sense Now. ?I haven?t been this bearish in a year ? I look at the?

ANALYST: Stock Market Makes No Sense Now. “I haven’t been this bearish in a year … I look at the board and every single stock from Tiffany to Bank of America to Caterpillar is up. But there is no fundamental rooting as to why these names are up — particularly in the consumer [...]
Posted on Instapundit.com on November 19, 2009 at 8:47 AM

OUR BILL IS BETTER THAN THE HOUSE BILL. IT?S LONGER THAN THE HOUSE BILL! Senate bill weighs in at ?

OUR BILL IS BETTER THAN THE HOUSE BILL. IT’S LONGER THAN THE HOUSE BILL! Senate bill weighs in at 2,074 pages. UPDATE: Keith Hennessey: Major Tax Increases In The Reid Health Bill.
Posted on Instapundit.com on November 19, 2009 at 8:40 AM

WOULD WE BE BETTER OFF WITH A finders-keepers approach to antiquities??

WOULD WE BE BETTER OFF WITH A finders-keepers approach to antiquities?
Posted on Instapundit.com on November 19, 2009 at 8:35 AM

TOM MAGUIRE: If You?ve Lost The Dean Of the Harvard Medical School??

TOM MAGUIRE: If You’ve Lost The Dean Of the Harvard Medical School…
Posted on Instapundit.com on November 19, 2009 at 8:34 AM

UH OH: Former Red Cross chief: Feds? new mammography policy is ?a shocking thing??.

UH OH: Former Red Cross chief: Feds? new mammography policy is ?a shocking thing?.
Posted on Instapundit.com on November 19, 2009 at 8:15 AM

PHANTOM STIMULUS: As nonexistent Congressional districts are removed, stimulus money to New Hampshi?

PHANTOM STIMULUS: As nonexistent Congressional districts are removed, stimulus money to New Hampshire shrinks. So, uh, what did happen to that money? . . . . Apparently it was spent somewhere else.
Posted on Instapundit.com on November 19, 2009 at 8:03 AM

ABUSE: ChildLine says calls from boys abused by women have doubled in a year?.

ABUSE: ChildLine says calls from boys abused by women have doubled in a year.
Posted on Instapundit.com on November 19, 2009 at 8:01 AM

Pether on Constitutional Solipsism

Professor Penelope Pether (Villanova University School of Law) has published "Constitutional Solipsism: Toward a Thick Doctrine of Article III Duty; or Why the Federal Circuits' Nonprecedential Status Rules are (Profoundly) Unconstitutional" on SSRN. The article will be published in the...
Posted on Civil Procedure Prof Blog on November 19, 2009 at 8:00 AM

Call For Papers: Articles, Essays And Reviews About South Asia

The Drexel Law Review has posted this call for papers for an upcoming symposium issue: The Drexel Law Review is pleased to announce a symposium issue focusing on law and policy in South Asia to be published during Spring/Summer 2010....
Posted on The Faculty Lounge on November 19, 2009 at 7:46 AM

Dimick on Union Democracy

Matthew Dimick (Georgetown University Law Center) has posted Revitalizing Union Democracy: Labor Law, Bureaucracy, and Workplace Association on SSRN. Here is the abstract: Do core doctrines of labor-relations law inhibit the internal democratic governance of labor unions in the United...
Posted on Legal Theory Blog on November 19, 2009 at 5:57 AM

B&N's Pill

On Tuesday the board of Barnes and Noble adopted a shareholder rights plan -- or a poison pill. From the board's announcement: The Board adopted the Rights Plan in response to the recent rapid accumulation of a significant portion of...
Posted on M & A Law Prof Blog on November 19, 2009 at 4:54 AM

?SMART DIPLOMACY:? American Buffoon?.

“SMART DIPLOMACY:” American Buffoon.
Posted on Instapundit.com on November 19, 2009 at 4:01 AM

SkyTeam's Bold Move

A new story in the Wall Street Journal is reporting that Delta Air Lines and the other members of the SkyTeam Alliance are willing to provide over $1 billion in funding to the struggling JAL if it jumps ship from...
Posted on Aviation Law Prof Blog on November 19, 2009 at 2:24 AM

Microsoft Office 2010 Professional Beta Available With A Free Download

Hurray and get it while you can. Microsoft Office Professional 2010 is available now with a free download. It could take over an hour to download-depending upon your computer's speed. Mitchell H. Rubinstein
Posted on Adjunct Law Prof Blog on November 19, 2009 at 1:38 AM

Google Scholar Adds Free Legal Research

Google Scholar just added free journal and case law legal research to its search engine. I tried it and it works! It is, of course, not as comprehensive as Lexis or Westlaw, but it may be a way to get...
Posted on Adjunct Law Prof Blog on November 19, 2009 at 1:21 AM

Pay Cuts And The Economy

When people think of the poor economy and jobs many think of unemployment. While there are scores of people out of work, large numbers of employees also took significant pay cuts in order to remain employed. That important fact is...
Posted on Adjunct Law Prof Blog on November 19, 2009 at 1:20 AM

If the issue involves pure statutory reading and analysis, courts need not defer to the agency?s expertise in adjudicating its administrative decision

Matter of Raganella v New York City Civ. Serv. Commn., 2009 NY Slip Op 07206, Decided on October 8, 2009, Appellate Division, First Department Anthony J. Raganella filed an Article 78 petition challenging the New York Civil Service Commission?s dismissal...
Posted on Adjunct Law Prof Blog on November 19, 2009 at 1:19 AM

INDEED: Didn?t Palin also ?suck the oxygen out of the room? for Obama?s Far East tour? Or did that ?

INDEED: Didn’t Palin also “suck the oxygen out of the room” for Obama’s Far East tour? Or did that do him a favor?
Posted on Instapundit.com on November 19, 2009 at 12:57 AM

JEFFREY JENA: Dithering On Afghanistan?.

JEFFREY JENA: Dithering On Afghanistan.
Posted on Instapundit.com on November 19, 2009 at 12:25 AM

Bhagat & Romano on Executive Compensation

Sanjai Bhagat and Roberta Romano (University of Colorado at Boulder - Department of Finance and Yale Law School) have posted Reforming Executive Compensation: Simplicity, Transparency and Committing to the Long-Term on SSRN. Here is the abstract: This Article advances an...
Posted on Legal Theory Blog on November 19, 2009 at 12:11 AM

MARKDOWNS ON down comforters?.

MARKDOWNS ON down comforters.
Posted on Instapundit.com on November 19, 2009 at 12:00 AM

INSTAVISION: Meet The Smart Set. I talk with Rick Torres, founding member of The Supreme Beings of?

INSTAVISION: Meet The Smart Set. I talk with Rick Torres, founding member of The Supreme Beings of Leisure and Bitter:Sweet, about his new band The Smart Set, joined by Smart Set singer Brandi Emma. Their new album “Mixing With The Smart Set,” which I really like, is at CDBaby and iTunes. [...]
Posted on Instapundit.com on November 18, 2009 at 11:59 PM

DANA LOESCH: Pity The Palin Haters. ?

DANA LOESCH: Pity The Palin Haters.
Posted on Instapundit.com on November 18, 2009 at 11:58 PM

SEBELIUS AND RATIONING: Sebelius says Ignore Mammogram Rec. ?HHS Secretary Sebelius did her best t?

SEBELIUS AND RATIONING: Sebelius says Ignore Mammogram Rec. “HHS Secretary Sebelius did her best to ride the wave of incredulous opposition to the new government-sponsored guidelines advising women to hold off on regular mammograms til age 50. Perhaps anticipating that opponents of the President’s health reform efforts will argue that t
Posted on Instapundit.com on November 18, 2009 at 11:57 PM

POST-RACIAL AMERICA: ?You can?t vote against healthcare and call yourself a black man.??

POST-RACIAL AMERICA: ?You can?t vote against healthcare and call yourself a black man.?
Posted on Instapundit.com on November 18, 2009 at 11:32 PM

Geithner Tells Banks They Should Lend More To Small Businesses

Bloomberg's Rebecca Christie has an article today discussing Treasury Secretary Timothy Geithner's perspective that bank's are "obligated" to extend more loans to small businesses. The point is that if the economy is to recover, small businesses must have access to...
Posted on Banking Law Prof Blog on November 18, 2009 at 10:38 PM

STIMULUS GOES TO THE DOGS: Another broken promise. UPDATE: Some back-and-forth in the comments ?

STIMULUS GOES TO THE DOGS: Another broken promise. UPDATE: Some back-and-forth in the comments as to whether the money is for the dog park or street-resurfacing or both.
Posted on Instapundit.com on November 18, 2009 at 10:35 PM

JOHN STOSSEL: Worse Than Taxes: The Spending?.

JOHN STOSSEL: Worse Than Taxes: The Spending.
Posted on Instapundit.com on November 18, 2009 at 9:39 PM

Striking grad students reach a tentative deal

We reported earlier this week about grad students who were striking U. of Illinois over tuition waivers. Today, Inside Higher Ed is reporting that the parties have reached a tentative agreement: Graduate teaching assistants at the University of Illinois at...
Posted on Adjunct Law Prof Blog on November 18, 2009 at 9:35 PM

Why adjuncts need to be tech-savvy in the classroom

According to this column from Inside Higher Ed, adjuncts may need to be more tech-savvy than their tenured colleagues because of the inverse relationship between job security and the need to prove oneself in the classroom. (Personally, I think being...
Posted on Adjunct Law Prof Blog on November 18, 2009 at 9:30 PM

Lambert on Resale Price Maintenance

Thomas A. Lambert (University of Missouri - School of Law) has posted A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance on SSRN. Here is the abstract: In its 2007 Leegin decision, the U.S. Supreme Court reversed a 96...
Posted on Legal Theory Blog on November 18, 2009 at 9:30 PM

Journals That Want to Know Where an Article Has Been Submitted Before?

A philosopher writes with a pretty startling report of a phenomenon I had not heard of previously: I recently submitted an article to a journal that uses online Editorial Management software. In general, I like this way of handling submissions....
Posted on The Leiter Reports on November 18, 2009 at 8:04 PM

KIMBERLEY STRASSEL: The EPA?s Paranoid Style?.

KIMBERLEY STRASSEL: The EPA’s Paranoid Style.
Posted on Instapundit.com on November 18, 2009 at 7:57 PM

GIBSON GUITAR PLANT RAIDED over rare-wood issues?.

GIBSON GUITAR PLANT RAIDED over rare-wood issues.
Posted on Instapundit.com on November 18, 2009 at 7:47 PM

The Silver Lining to "Supersize Bonuses": Corporate Philanthropy?

By now, you have no doubt heard about Goldman Sach's decision to launch its 10,0000 Small Businesses Initiative. Guided by...
Posted on Conglomerate on November 18, 2009 at 7:38 PM

The Silver Lining to "Supersize Bonuses": Corporate Philanthropy?

By now, you have no doubt heard about Goldman Sach's decision to launch its 10,0000 Small Businesses Initiative. Guided by...
Posted on Conglomerate on November 18, 2009 at 7:38 PM

IN RESPONSE TO THE EARLIER POST ON FEMALE VIAGRA, several readers noted this passage on the drug and?

IN RESPONSE TO THE EARLIER POST ON FEMALE VIAGRA, several readers noted this passage on the drug and Britain’s NHS: It is not known yet how much it will cost, but is unlikely to be widely prescribed by a health service struggling to find cash to fund treatment of life-threatening illnesses. Okay, not death panels, but . [...]
Posted on Instapundit.com on November 18, 2009 at 7:32 PM

Edward Woodward: 1930-2009

Versatile actor Edward Woodward died earlier this week. You can find The New York Times obituary here. Many readers may remember Woodward from his television work in "The Equalizer" (1985-89). But I'll always remember him from his role in "Breaker...
Posted on The Faculty Lounge on November 18, 2009 at 7:08 PM

THAT SAME OLD CARTER FEELING AGAIN. Sorry, but as I?ve said before, I think a Carter-era rerun is a?

THAT SAME OLD CARTER FEELING AGAIN. Sorry, but as I’ve said before, I think a Carter-era rerun is a best-case scenario at this point . . . .
Posted on Instapundit.com on November 18, 2009 at 7:05 PM

TEA PARTY FISTICUFFS: I don?t think that this CSM piece descends into blaming the victim, but you?d?

TEA PARTY FISTICUFFS: I don’t think that this CSM piece descends into blaming the victim, but you’d have to read it closely to figure out who was at fault. Hint: Not the Tea Party people.
Posted on Instapundit.com on November 18, 2009 at 6:52 PM

One Claim Survives

The New York Appellate Division for the First Judicial Department dismissed a legal malpractice action with prejudice but concluded that a contract claim against the law firm was adequately pleaded. The facts as to the malpractice claim: Plaintiff alleged that...
Posted on Legal Profession Blog on November 18, 2009 at 6:36 PM

MP3 RULES, MAN: Most people can?t tell the difference between lossy and lossless compression. My f?

MP3 RULES, MAN: Most people can’t tell the difference between lossy and lossless compression. My favorite bit: “There was no convincing evidence that those subjects who consider themselves audiophiles and have invested more in high-quality MP3 players or headphones could discern lossy from lossless audio files better than anyone else. Wh
Posted on Instapundit.com on November 18, 2009 at 6:30 PM

Carve-Outs Under Airline Antitrust Immunity

There is an impressive new paper up online discusing the economic ramifications of the Department of Transportation's carve-outs to its grants of antitrust immunity for airline alliances. See Jan K. Brueckner & Stef Proost, Carve-Outs Under Airline Antitrust Immunity (CESifo...
Posted on Aviation Law Prof Blog on November 18, 2009 at 6:23 PM

L.A. TIMES: Video shows Sen. Obama thought a military tribunal was once fine for Khalid Sheikh Muha?

L.A. TIMES: Video shows Sen. Obama thought a military tribunal was once fine for Khalid Sheikh Muhammed. Related discussion at The Hill.
Posted on Instapundit.com on November 18, 2009 at 5:58 PM

CHANGE: Obama admits Guantanamo won?t close by Jan. deadline. Score it: Weaselly politicians 1,?

CHANGE: Obama admits Guantanamo won’t close by Jan. deadline. Score it: Weaselly politicians 1, fierce moral urgency of change 0. Okay, actually by now that score’s working out to about 700-0, but . . . . Plus this: “So, presumably, this new announcement was timed to follow last week’s announcement that KSM would [...]
Posted on Instapundit.com on November 18, 2009 at 5:35 PM

MORE ON supercomputing at Oak Ridge?.

MORE ON supercomputing at Oak Ridge.
Posted on Instapundit.com on November 18, 2009 at 5:28 PM

USDA Report Reveals Highest Rate Of Food Insecurity Since Report Was Initiated In 1995

USDA News Release, Nov. 16, 2009: USDA's Economic Research Service's (ERS) today released its annual report on Household Food Security in the U.S., which revealed that in 2008, 17 million households, or 14.6 percent, were food insecure and families had...
Posted on Food Law Prof Blog on November 18, 2009 at 5:06 PM

Google Scholar (Legal)

Google Scholar has just gotten better. It now includes legal opinions and law review articles. -bjmq
Posted on M & A Law Prof Blog on November 18, 2009 at 5:06 PM

TAXPROF: Senate to Move Forward on Lael Brainard?s Nomination Despite Tax Problem. ?The tax proble?

TAXPROF: Senate to Move Forward on Lael Brainard’s Nomination Despite Tax Problem. “The tax problems are (1) twelve late payments of real estate and personal property taxes, and late payment of unemployment taxes; (2) failure to timely file employment eligibility verification forms for her household help; and (3) failure to substantiate h
Posted on Instapundit.com on November 18, 2009 at 4:42 PM

Guiora on Comparative Counterterrorism

Amos N. Guiora (University of Utah - S.J. Quinney College of Law) has posted Not "By All Means Necessary': A Comparative Framework for Post-9/11 Approaches to Counterterrorism (Case Western Reserve Journal of Int'l Law, Vol. 42, Forthcoming) on SSRN. Here...
Posted on Legal Theory Blog on November 18, 2009 at 4:35 PM

Take on currrent enviornment for judicial nominees

From BreakingLegalnews.com: Controversial court nominee survives Senate test Political and Legal – POSTED: 2009/11/18 06:23 Democrats on Tuesday crushed a Senate filibuster against a controversial appeals court nominee, demonstrating to Republicans they can’t stop President Barack Obama from turning the federal judiciary to the left
Posted on Voir Dire on November 18, 2009 at 4:24 PM

Minnesota Makes Bid for Irvine's Barrett

Jeffrey Barrett (philosophy of physics), Professor of Logic and Philosophy of Science at the University of California at Irvine and the current editor-in-chief of the journal Philosophy of Science, has a senior offer from the Department of Philosophy at the...
Posted on The Leiter Reports on November 18, 2009 at 4:12 PM

SEC Approves Expansion of BrokerCheck Disclosure

Here is the link to the SEC's Order Approving a Proposed Rule Change Relating to Availability of Information Pursuant to FINRA Rule 8312 (FINRA BrokerCheck Disclosure). I blogged yesterday about the amendment to maintain the information on broker dealers permanently...
Posted on Securities Law Prof Blog on November 18, 2009 at 4:07 PM

SEC Website Links to Short Sale Volume and Transaction Data

The SEC now posts on its website SHORT SALE VOLUME AND TRANSACTION DATA. It states that: To increase the transparency surrounding short sale transactions, several self-regulatory organizations (SROs) are providing on their websites daily aggregate short selling volume information for...
Posted on Securities Law Prof Blog on November 18, 2009 at 4:03 PM

CAR LUST: Reflections as the Mazda Miata turns 20?.

CAR LUST: Reflections as the Mazda Miata turns 20.
Posted on Instapundit.com on November 18, 2009 at 4:00 PM

SEC's Small Business Capital Formation Program Will be Held Nov. 19

The Program for the 28th Annual SEC Government-Business Forum on Small Business Capital Formation (November 19, 2009) is posted at the SEC website.
Posted on Securities Law Prof Blog on November 18, 2009 at 3:59 PM

REASON TV: Your Flight Has Been Delayed ? And It?s Washington?s Fault. ?

REASON TV: Your Flight Has Been Delayed — And It’s Washington’s Fault.
Posted on Instapundit.com on November 18, 2009 at 3:59 PM

Wells Fargo Settles ARS Charges with State Securities Regulators

NASAA today announced another settlement (in principle) with a securities firm over its sales of auction rate securities (ARS). Wells Fargo Investments LLC agreed to return approximately $1.3 billion to the firm's clients who have had their funds frozen in...
Posted on Securities Law Prof Blog on November 18, 2009 at 3:54 PM

CHANGE: DOLLAR DROPS, gold hits record. ?

CHANGE: DOLLAR DROPS, gold hits record.
Posted on Instapundit.com on November 18, 2009 at 3:48 PM

FINRA Fines MetLife for Supervisory Failures over Brokers' Email

FINRA announced today that it has fined MetLife Securities, Inc., and three of its affiliates a total of $1.2 million for failing to establish an adequate supervisory system for the review of brokers' email correspondence with the public. The fine...
Posted on Securities Law Prof Blog on November 18, 2009 at 3:46 PM

ROGER SIMON: The Dean of Harvard Medical School destroys Obamacare?.

ROGER SIMON: The Dean of Harvard Medical School destroys Obamacare.
Posted on Instapundit.com on November 18, 2009 at 3:41 PM

CHOICE: Build More Nukes Or Head Back To The Dark Ages. UPDATE: Also, do something about that u?

CHOICE: Build More Nukes Or Head Back To The Dark Ages. UPDATE: Also, do something about that uranium shortage.
Posted on Instapundit.com on November 18, 2009 at 3:34 PM

THE PIED PIPER of mucus. Kinda weird that you?ll need a prescription though?.

THE PIED PIPER of mucus. Kinda weird that you’ll need a prescription though.
Posted on Instapundit.com on November 18, 2009 at 3:23 PM

WHERE SCIENTIFIC STIMULUS FUNDING WENT. We?re getting a lot of it here in Tennessee?s 67th Congress?

WHERE SCIENTIFIC STIMULUS FUNDING WENT. We’re getting a lot of it here in Tennessee’s 67th Congressional District!
Posted on Instapundit.com on November 18, 2009 at 2:55 PM

JAY LENO does the Electric Tango?.

JAY LENO does the Electric Tango.
Posted on Instapundit.com on November 18, 2009 at 2:22 PM

Thomas on the standard for motions to dismiss after Iqbal and Twombly

Professor Suja A. Thomas (University of Illinois College of Law) posted "The New Summary Judgment Motion: The Motion to Dismiss Under Iqbal and Twombly" on SSRN as part of the Working Paper Series. The abstract states: Civil procedure scholars have...
Posted on Civil Procedure Prof Blog on November 18, 2009 at 2:17 PM

Open Source and Spotting Systemic Risk

One of the recurrent themes in financial reform these days is that regulators need to get better about spotting systemic...
Posted on Conglomerate on November 18, 2009 at 2:11 PM

Open Source and Spotting Systemic Risk

One of the recurrent themes in financial reform these days is that regulators need to get better about spotting systemic...
Posted on Conglomerate on November 18, 2009 at 2:11 PM

LEAD US NOT INTO DEBT: Megan McArdle on Dave Ramsey. His debt advice sounds good ? I don?t real?

LEAD US NOT INTO DEBT: Megan McArdle on Dave Ramsey. His debt advice sounds good — I don’t really have any debt except a modest mortgage, so I haven’t tried it, since we’ve always favored a sort of Dave Ramsey-lite approach to finances — but his investment advice is lousy. Or, at least, I [...]
Posted on Instapundit.com on November 18, 2009 at 2:07 PM

EYESIGHT TO THE BLIND: 1 shot of gene therapy and children with congenital blindness can now see?.

EYESIGHT TO THE BLIND: 1 shot of gene therapy and children with congenital blindness can now see.
Posted on Instapundit.com on November 18, 2009 at 2:05 PM

California Ethics Provisions "Moving Along"

From the web page of the California State Bar: After nine years of work by its Rules Revision Commission, the State Bar Board of Governors has approved 35 revisions of the California Rules of Professional Conduct on issues ranging from...
Posted on Legal Profession Blog on November 18, 2009 at 2:00 PM

Rankings: This Just In!

Car & Driver magazine to rank law schools on the basis of how many faculty members subscribe to Car & Driver magazine.
Posted on The Faculty Lounge on November 18, 2009 at 1:58 PM

And the winner is ...

In my usual attempt to avoid serious issues, I've noticed that we're about to step into the Hollywood awards season in the next few months and the NY Times has started using phrases like "Oscar Buzz" in its entertainment section....
Posted on The Faculty Lounge on November 18, 2009 at 1:56 PM

Weight, Not Admissibility

The North Dakota Supreme Court has held that allegations that a psychiatrist who testified as an expert witness violated ethical precepts went to the weight, rather than the admissibility, of the evidence. The testimony was offered in a proceeding that...
Posted on Legal Profession Blog on November 18, 2009 at 1:52 PM

Tiersma on Jury Instructions

Peter Tiersma (Loyola Law School - Los Angeles) has posted Communicating with Juries: How to Draft More Understandable Jury Instructions on SSRN. Here is the abstract: This manual is intended to provide practical advice to judges and lawyers who need...
Posted on Legal Theory Blog on November 18, 2009 at 1:32 PM

MY POPULAR MECHANICS COLUMN THIS MONTH: The Singularity Is Coming: Now What??

MY POPULAR MECHANICS COLUMN THIS MONTH: The Singularity Is Coming: Now What?
Posted on Instapundit.com on November 18, 2009 at 11:55 AM

SILICON GRAFFITI: The Pinchurian Candidate?.

SILICON GRAFFITI: The Pinchurian Candidate.
Posted on Instapundit.com on November 18, 2009 at 11:50 AM

EXAMINER: Dirty Money Watch: Rep. John Murtha, D-Pa?.

EXAMINER: Dirty Money Watch: Rep. John Murtha, D-Pa.
Posted on Instapundit.com on November 18, 2009 at 11:49 AM

Student Blogger - Lunchtime Talk: Virtue and Drug Use

As the State of California prepares to debate whether or not marijuana should be decriminalized, the Federalist Society sought to resolve an issue of higher magnitude: whether virtue and drug use are incompatible. The lively lunchtime debate featured plenty of...
Posted on The University of Chicago Law School Faculty Blog on November 18, 2009 at 11:38 AM

Ben-Shahar on Easterbrook on Pre-Closing Liability

Omri Ben-Shahar (University of Chicago Law School) has posted Pre-Closing Liability (University of Chicago Law Review, Vol. 77, No. 4, 2010) on SSRN. Here is the abstract: Two years after Penzoil v. Texaco threatened to burst the seam of contract...
Posted on Legal Theory Blog on November 18, 2009 at 11:36 AM

Evidence of Other Crimes

In a post I did earlier this year, I explained that Rule 404(b) of the Federal Rules of Evidence limits the use of a defendant?s ?other crimes, wrongs, or acts? as evidence in a criminal trial. Under the Rule 404(b), evidence of other crimes, etc., cannot be admitted to show (i) the defendant?s ?bad character? and (ii) that he acted
Posted on CYB3RCRIM3 on November 18, 2009 at 11:35 AM

POLITICO: Dems Alarmed As Independents Bolt Party. ?Following serious setbacks with independents i?

POLITICO: Dems Alarmed As Independents Bolt Party. “Following serious setbacks with independents in off-year elections earlier this month, White House officials attributed the defeats to local factors and said President Barack Obama sees no need to reposition his own image or the Democratic message. Since then, however, a flurry of new polls [
Posted on Instapundit.com on November 18, 2009 at 11:27 AM

Suspension For Abandoning Jailed Client

From the web page of the Ohio Supreme Court: The Supreme Court of Ohio today indefinitely suspended the license of [an] attorney...for abandoning the case of an incarcerated client he was appointed to represent in a postconviction appeal, then failing...
Posted on Legal Profession Blog on November 18, 2009 at 11:16 AM

TRANSPARENCY! The Hill: Agencies stiff-arm GAO on info. ?The investigative arm of Congress has be?

TRANSPARENCY! The Hill: Agencies stiff-arm GAO on info. “The investigative arm of Congress has been denied information repeatedly by various government agencies, indefinitely delaying lawmaker-requested probes, according to a letter obtained by The Hill. . . . There has always been friction between GAO and government agencies, but sources say
Posted on Instapundit.com on November 18, 2009 at 11:15 AM

The Path To Immediate Disbarment

The header from a decision issued today by the Maryland Court of Appeals: Immediate disbarment was required to protect the public from a respondent who (1) misappropriated clients' funds, (2) performed no services whatsoever on clients' behalf, (3) lied to...
Posted on Legal Profession Blog on November 18, 2009 at 11:11 AM

MICHAEL BARONE: Obama Bows, But The World Refuses to Bow Back?.

MICHAEL BARONE: Obama Bows, But The World Refuses to Bow Back.
Posted on Instapundit.com on November 18, 2009 at 11:03 AM

SPEAKING TRUTH TO POWER: EPA Employees Silenced for Criticizing Cap and Trade?.

SPEAKING TRUTH TO POWER: EPA Employees Silenced for Criticizing Cap and Trade.
Posted on Instapundit.com on November 18, 2009 at 10:33 AM

Rankings Fever! Super Lawyers Announces New Law School Ranks

Hot of the freaking press!!! Super Lawyers, that publication that tells us just who the Super Lawyers really are, now tells us just who the Super Law Schools really are. It's here. The top 15, in order: Harvard, Michigan, Texas,...
Posted on The Faculty Lounge on November 18, 2009 at 10:24 AM

RON BAILEY: The Methuselah Manifesto. A report from a meeting of the life-extension movement. ?Ov?

RON BAILEY: The Methuselah Manifesto. A report from a meeting of the life-extension movement. “Over the weekend Maximum Life Foundation president David Kekich gathered a group of scientists, entrepreneurs, and visionaries to meet for three days with the goal of developing a scientific and business strategy to make extreme human life extension
Posted on Instapundit.com on November 18, 2009 at 10:20 AM

Multiple Failures Raise Fitness To Practice Issue

An attorney failed to attend four scheduled bankruptcy hearings. As a result, the matters were dismissed. The attorney then failed to attend the ensuring sanctions hearing. As a result, fines were imposed and the attorney was barred from practice before...
Posted on Legal Profession Blog on November 18, 2009 at 9:48 AM

THE MOST DANGEROUS PLACE ON EARTH? A JOE BIDEN MOTORCADE, APPARENTLY. ?

THE MOST DANGEROUS PLACE ON EARTH? A JOE BIDEN MOTORCADE, APPARENTLY.
Posted on Instapundit.com on November 18, 2009 at 9:36 AM

STAR-TRIBUNE: Pawlenty Criticizes Recovery.Gov. That whole thing has been a debacle of the first o?

STAR-TRIBUNE: Pawlenty Criticizes Recovery.Gov. That whole thing has been a debacle of the first order. From the people who were supposed to return competence and transparency to the federal government. UPDATE: Reader Jeff Dobbs writes: “I think we should seize the moment and field candidates in the heretofore non-existent congressional [..
Posted on Instapundit.com on November 18, 2009 at 9:22 AM

For a JD/PhD, Does the Caliber of the Law School Matter?

A philosophy graduate student writes: I was hoping you might be able to help me with a follow-up question I had regarding your blog-post on leiterreports regarding the merits of getting a J.D. and a Ph.D. in philosophy. I'm now...
Posted on The Leiter Reports on November 18, 2009 at 9:16 AM

LEFT 4 DEAD 2 IS OUT, and John Scalzi likes it?.

LEFT 4 DEAD 2 IS OUT, and John Scalzi likes it.
Posted on Instapundit.com on November 18, 2009 at 9:03 AM

Pimentel P.S.

Last year, the Supreme Court decided the case of Republic of Philippines v. Pimentel, 128 S. Ct. 2180 (2008) in which it held that the government of the Philippines and a government entity were necessary parties to an interpleader action....
Posted on Civil Procedure Prof Blog on November 18, 2009 at 9:00 AM

PROGRESS IN MEDICINE: Female ?Viagra? boosts woman?s sex drive after failing as antidepressant?.

PROGRESS IN MEDICINE: Female ‘Viagra’ boosts woman’s sex drive after failing as antidepressant.
Posted on Instapundit.com on November 18, 2009 at 8:55 AM

Rare Injunction Granted In Public Sector Labor Law Case To Enjoin Improper Practice

Matter of PERB v. County of Monroe,___Misc.3d____(Albany Co. 2009), is a rare case where a state court judge issued an injunction pending the outcome of an Improper Practice that had been filed with PERB. The IP concerns an alleged effort...
Posted on Adjunct Law Prof Blog on November 18, 2009 at 8:48 AM

NLRB: Successor employer unlawfully refused to hire unionized employees

The Parksite Group, 354 NLRB No 90, (September 30 2009), is an interesting case. A building materials wholesaler unlawfully refused to hire back the unionized drivers and warehouse workers of a predecessor employer after terminating the predecessor's outsourcing contract at...
Posted on Adjunct Law Prof Blog on November 18, 2009 at 8:47 AM

School's refusal to reassign rooms to accommodate teacher violated ADA

Ekstrand v School District of Somerset, ___F.3d___(7th Cir. October 6, 2009), is an interesting case. A Wisconsin school district that was made aware of the medical necessity of natural light for one of its elementary teachers who was diagnosed with...
Posted on Adjunct Law Prof Blog on November 18, 2009 at 8:46 AM

REALCLEARPOLITICS: GOP Dark Horses for 2012?.

REALCLEARPOLITICS: GOP Dark Horses for 2012.
Posted on Instapundit.com on November 18, 2009 at 8:34 AM

ONE DAY, HEALTH CARE WILL BE JUST AS EFFICIENT: Postal Service Posts $3.8 Billion Loss?.

ONE DAY, HEALTH CARE WILL BE JUST AS EFFICIENT: Postal Service Posts $3.8 Billion Loss.
Posted on Instapundit.com on November 18, 2009 at 8:29 AM

TIM CAVANAUGH: Corruption, Panic and Incompetence Fueled Geithner?s Backstairs Intrigue. ?Tim Geit?

TIM CAVANAUGH: Corruption, Panic and Incompetence Fueled Geithner’s Backstairs Intrigue. “Tim Geithner needs to be fired. He needs to be fired in 2008, and he needs to be fired even more in 2009. Any fair reading of the SIGTARP report leads to the conclusion that he lacks the competence, the honesty and the [...]
Posted on Instapundit.com on November 18, 2009 at 8:17 AM

Fitelson from Berkeley to Rutgers

Branden Fitelson (philosophy of science, logic, epistemology, decision theory), Associate Professor of Philosophy at the University of California at Berkeley, has accepted a senior offer from the Department of Philosophy at Rutgers University at New Brunswick. Fitelson is the second...
Posted on The Leiter Reports on November 18, 2009 at 8:09 AM

Picker on Easterbrook on Copyright

Randal C. Picker (University of Chicago - Law School) has posted Easterbrook on Copyright (University of Chicago Law Review, Vol. 77, No. 4, 2010) on SSRN. Here is the abstract: In this essay prepared in celebration of Judge Frank Easterbrook?s...
Posted on Legal Theory Blog on November 18, 2009 at 7:32 AM

EARTH?S CORE AT ?MILLIONS OF DEGREES.? If Sarah Palin said it, it would be proof of impenetrable ig?

EARTH’S CORE AT “MILLIONS OF DEGREES.” If Sarah Palin said it, it would be proof of impenetrable ignorance. But since Al Gore said it . . . it’s proof of impenetrable ignorance! “On the other hand, he’s gotten rich, so I guess the joke is on us.”
Posted on Instapundit.com on November 18, 2009 at 7:31 AM

EVEN THE DOG GETS BETTER TREATMENT: ?Great, so a dog is more likely than a husband to get a gift at?

EVEN THE DOG GETS BETTER TREATMENT: “Great, so a dog is more likely than a husband to get a gift at Christmas? The article doesn’t say but I wonder if husbands would dare give a gift to a dog rather than to their wife? If I was a guy and Fido received a gift [...]
Posted on Instapundit.com on November 18, 2009 at 4:07 AM

Internal Poison Pills

Geis has an article, Internal Poison Pills, appearing in the current NYU Law Review that thinks about the relationship between majority and minority shareholders. The article argues that a version of the shareholder rights plan can be used to constrain...
Posted on M & A Law Prof Blog on November 18, 2009 at 2:36 AM

Foley on Privatizing FDA Review of Medical Devices & Drugs

Elizabeth P. Foley (Florida International University College of Law) has posted Teaching the Elephant to Dance: Privatizing the FDA Review Process on SSRN. Here is the abstract: Considers the implications of privatizing the Food and Drug Administration's (FDA) review of...
Posted on Legal Theory Blog on November 18, 2009 at 1:30 AM

BEN SMITH ON MAX BLUMENTHAL: Playing the race card on ?Going Rogue??.

BEN SMITH ON MAX BLUMENTHAL: Playing the race card on ‘Going Rogue’.
Posted on Instapundit.com on November 18, 2009 at 12:38 AM

VIDEO: Hey, who?s up for six minutes of ?teabagger? jokes on MSNBC? ?No, just kidding. There?

VIDEO: Hey, who?s up for six minutes of ?teabagger? jokes on MSNBC? “No, just kidding. There?s only two minutes or so of actual jokes. The other four-plus minutes are devoted to Olby taking credit for mainstreaming a sexual euphemism to degrade his political opponents. Good work; it?s important to have goals, especially when [...]
Posted on Instapundit.com on November 18, 2009 at 12:06 AM

The Situation of Mortgage Defaults

Brent White recently posted his thoughtful paper, “Underwater and Not Walking Away: Shame, Fear and the Social Management of the Housing Crisis” on SSRN.� Here’s the abstract. * * * Despite reports that homeowners are increasingly ?walking away? from their mortgages, most homeowners continue to make their payments even when they are s
Posted on The Situationist on November 18, 2009 at 12:01 AM