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07 Nov 09
Blip.fm | LuckyJimJD | Oscar Peterson – - At Long Last Love
Listen to Oscar Peterson - - At Long Last Love for free: Is it a cocktail, this feeling of joy? Or is what I feel the real McCoy?
28 Oct 09
SSRN-Beyond Methods - Law & Society in Action by Patrick Schmidt , Simon Halliday
This essay is the introductory chapter of a book about research methods in the field of law and society (Halliday, S. and Schmidt, P., Conducting Law and Society Research: Reflections on Methods and Practices, New York: Cambridge University Press, 2009). Through interviews with many of the most noteworthy authors of law and society, Conducting Law and Society Research takes readers behind the scenes of empirical scholarship, showing the messy reality of the research process. The challenges and the uncertainties, so often missing from research methods textbooks, are revealed in candid detail. The accessible and revealing conversations about the lived reality of classic projects will be a source of encouragement and inspiration to those embarking on empirical research, ranging across the full array of disciplines that contribute to law and society. In this introductory essay, we argue for greater candor in discussing the messiness of empirical research methods, particularly in the field of law and society which has for many years explored the gap between rules and reality. We also examine the role which luck (both good and bad) plays in empirical research. Ultimately, we suggest that narratives of the research process such as the conversations contained in the book are a necessary complement to research methods textbooks. They reveal, in powerful ways, that 'good research' displays not an absence of problems but the care taken in negotiating them.
SSRN-Why General Personal Jurisdiction Over 'Virtual Stores' is a Bad Idea by James Pielemeier
Courts in the United States today address the constitutional permissibility of personal jurisdiction by discussing two sub-types, “specific jurisdiction” and “general jurisdiction.” “Specific jurisdiction” may exist “in a suit arising out of or related to the defendant’s contacts with the forum.” “General jurisdiction” may exist “in a suit not arising out of or related to the defendant’s contacts with the forum.”Over the past few years, courts have begun to address whether maintenance of a business oriented web site that is accessible to and used by residents of a state can be a sufficient anchor for the constitutional assertion of general jurisdiction in that state. At the level of the United States Courts of Appeal, a split of authority is developing. The D.C. Circuit in Gorman v. Ameritrade Holding Corp and the Ninth Circuit in Gator.com Corp. v. L.L. Bean, Inc., have held that the answer is yes, with Gator.com labeling L.L. Bean’s web site a “virtual store.” The Fourth, Fifth, Sixth, Tenth, and Federal Circuits, all after relatively short discussions, have held that the answer is no, at least on the facts before them.
This article argues that the Gorman and Gator.com were improvident and wrongly decided, that general jurisdiction over virtual stores is inconsistent with any principled development of the law of general jurisdiction.
The article will conclude with a call for the courts of appeals to abandon the concept of general jurisdiction over virtual stores or for the Supreme Court to take up the issue and provide some much-needed guidance on the constitutional limitations of general jurisdiction.
SSRN-The Ethical Obligations of Lawyers, Law Students and Law Professors Telling Stories on Web Logs by Anna Hemingway
This article examines how blogging has developed and considers the ethics of blogging and its impact on the legal profession. It examines blog entries from lawyers, law professors and law students and suggests that the rules of the Bar may be colliding with the manner of online storytelling occurring by legal professionals. The article takes an in-depth look at how blogging has impacted legal education and the relationship between faculty and students. It proposes ways in which incorporating blogging assignments into law school courses can assist students in developing ethical story-telling on web logs.
SSRN-U.S. Chamber of Commerce Liability Survey: Inaccurate, Unfair, and Bad for Business by Theodore Eisenberg
The U.S. Chamber of Commerce uses its Survey of State Liability to criticize judiciaries and seek legal change but no detailed evaluation of the survey’s quality exists. This article presents evidence that the survey is substantively inaccurate and methodologically flawed. It incorrectly characterizes state law; respondents provide less than 10% correct answers for objectively verifiable responses. It is internally inconsistent; a state threatened with judicial hellhole status ranked first in the survey while venues not on the list ranked lower. The absence of correlation between survey rankings and observable activity suggests that other factors drive the rankings. Two factors may help explain them. First, persistent low ranking of Gulf Coast states indicates that corporate counsel cannot shed hostility to states that were prominent in asbestos and tobacco litigation, notwithstanding changes in state laws. Second, low rankings of populous states suggest respondents fail to distinguish between rates of events and the absolute number of events. Adverse events in large states may occur more often but not necessarily at higher rates than in small states. The Chamber’s uses of the survey fail to account for the sample design, fail to account for the same respondent rating multiple states, fail to account for industry effects, and fail to distinguish among respondents based on their knowledge of a state. The survey may discourage investment in the U.S. and corporate risk managers’ views suggest that the survey promotes corporate behavior that needlessly endangers the public.
Administrative Law Prof Blog: Judicial review: When collateral estoppel bars a second bite
Sometimes an individual, unsuccessful in one lawsuit, will commence another legal action involving essentially the same issues and parties. However, applying the doctrine of collateral estoppel prevents a party from relitigating an issue which has already been decided by the courts involving the same parties and issues. ... [T]he doctrine may apply to bar relitigating issues decided by administrative agencies if those decisions are "quasi-judicial" in nature. According to the ruling, an administrative agency is quasi-judicial in nature if it is given express statutory authority to act adjudicatively.\nIn contrast, if an agency only invokes its executive powers under the governing statute in making its determination, it is not exercising "quasi-judicial powers." ... [C]hallenging the administrative agency's decision in court in situations where the agency did not arrive at its decision as a result of its acting in an adjudicative or judicial capacity would not be barred under the doctrine of collateral estoppel. ...
Vivian Maier - Her Discovered Work
THIS WAS CREATED IN DEDICATION TO THE PHOTOGRAPHER VIVIAN MAIER, A STREET PHOTOGRAPHER FROM THE 1950S - 1970S. VIVIAN'S WORK WAS DISCOVERED AT AN AUCTION HERE IN CHICAGO WHERE SHE LIVED FOR 50 YEARS BUT WAS ORIGINALLY A NATIVE TO FRANCE. HER DISCOVERED WORK INCLUDES BETWEEN 30-40,000 MOSTLY MEDIUM FORMAT NEGATIVES. BORN FEBRUARY 1, 1926 AND DECEASED ON TUESDAY, APRIL 21, 2009.
20 Oct 09
Jon Elster, "Excessive Ambitions", Capitalism and Society vol 4, no. 2 (2009)
The current financial crisis has brought out a fatal flaw in the foundations of the economic theories that guided economic agents and regulators: the unwarranted claim to precision and robustness. In this article I try to diagnose this flaw and discuss possible remedies. I argue that actual agents are intrinsically less sophisticated than the models assume they are, and that the various proposals to sustain the models by appealing to "as-if rationality" all fail. I next consider behavioral economics as an alternative to the standard models, claiming that while they may allow for successful retrodiction, they do not hold out much promise for prediction. I also discuss the use of statistical models, arguing that they are subject to so many traps and pitfalls that only a handful of elite practitioners can be trusted to use them well. Finally, I offer some speculations to explain the persistence in the economic profession and elsewhere of these useless or harmful models.
19 Oct 09
A Comment on Rosenberg’s New Edition of the Hollow Hope | The Legal Workshop
Gerald Rosenberg’s new edition of The Hollow Hope repeats his earlier book-length argument against the prospects of social reform through law. Complete with tables, charts, and updated statistics, the new edition replies to his critics and extends his analysis to a number of new areas, including same-sex marriage. The new material reinforces his original conclusion that legal rulings fail to spark social progress not already underway.
16 Oct 09
Denied Collective Bargaining, North Carolina Public Employees Turn More Militant | Labor Notes
Sunshine Center of the North Carolina Open Government Coalition
Elon University
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