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Google+An intriguing, far-ranging perspective on scholarly publishing that ties early 3rd century revolutions in scholarly publishing with modern trends towards open access and digital archiving: Instead of using the noble scroll, Origen decided to take advantage of the page structure … Continued
Yearly Archives: 2008
Why Does the U.S. Have an Exclusionary Rule?
In my view, the fact that criminal procedure rules are judge-made led fairly directly to the exclusionary rule. Put simply, the exclusionary remedy is the one remedy that judges can completely control. There are a variety of ways to enforce … Continued
Patent Gridlock Suppresses Innovation
The Founders might have used quill pens, but they would roll their eyes at how, in this supposedly technology-minded era, we’re undermining their intention to encourage innovation. The U.S. is stumbling in the transition from their Industrial Age to our … Continued
Network Tech Locks SF Out of Network
“A disgruntled city computer engineer has virtually commandeered San Francisco’s new multimillion-dollar computer network, altering it to deny access to top administrators even as he sits in jail on $5 million bail, authorities said Monday.” Craziness! See the SF Chronicle … Continued
Evidence Faulted in Detainee Case
Evidence Faulted in Detainee Case – NYTimes.com: With some derision for the Bush administration’s arguments, a three-judge panel said the government contended that its accusations against the detainee should be accepted as true because they had been repeated in at … Continued
Social Science Research Network (SSRN)
Sam Kamin at PrawfsBlawg points out that the New York Times has discovered SSRN. He writes: It’s actually a pretty decent synopsis of the SSRN phenomenon, noting that it takes away the power of gatekeepers, makes scholarship available to the … Continued
"Universities should not be in the social justice business"
This is a quote from Stanley Fish in an editorial in the New York Times, entitled Think Again. I highly recommend the discussion. It’s a well-reasoned and articulate argument for thinking over feeling in the classroom, for compartmentalization and intellectual … Continued
New vs. Old Media
Revision3 CEO: Blackout caused by MediaDefender attack – ars technica: Revision3, the Internet television network behind popular shows like Diggnation, experienced a serious network failure over Memorial Day weekend. CEO Jim Louderback revealed today that the outage was caused by … Continued
Viacom Ups Ante In YouTube Copyright Spat: Google More Than A Mere Enabler
Viacom Ups Ante In YouTube Copyright Spat: Google More Than A Mere Enabler – washingtonpost.com Cynthia Brumfeld noticed that Viacom actually raised the stakes in a recently (.pdf) amended complaint from April. In addition to pointing out that YouTube hosts … Continued
Analysis of Same-Sex Marriage Opinion in California
Balkinization – Grading the California same-sex marriage opinion: The California Supreme Court’s opinion is distressingly conclusory. It combines a tortured and probably unsalvageable substantive due process analysis with a strange, ultimately barely successful equal protection argument. If it is … Continued
Defense Department Jettisons Charges Against '20th Hijacker'
Law Blog – WSJ.com : Defense Department Jettisons Charges Against ’20th Hijacker’: On the Gitmo front, the last several weeks have brought the Bush administration a series of legal defeats. First, Gitmo’s former chief prosecutor turned against the Pentagon, testifying … Continued
Copyright's Paradox: a book by Neil Netanel
Neail Netanel writes on The Volokh Conspiracy: The paradox referenced in my book‘s title is that copyright serves both as an “engine of free expression” and silencer of free expression. Copyright law provides a vital economic incentive for the creation … Continued
National Security Letters and the Internet Archive
Deven Desai writes in Concurring Opinions: Wired reports that the FBI subpoenaed the Internet Archive and demanded that Brewster Kahle (the Archive’s founder) provide records about one of the library’s registered users, asking for the user’s name, address and activity on the … Continued
Sprint, Clearwire and WiMax
The New York Times writes: A who’s who of technology and telecommunications companies announced Wednesday that it intended to build the first of a new generation of nationwide wireless data networks. The consortium includes a disparate group of partners: Sprint … Continued
Judge Posner Skewers Textualism-Originalism (Thomas, Scalia), And Reveals the Increasing Politicization of Judging by Conservatives
Judge Posner Skewers Textualism-Originalism (Thomas, Scalia), And Reveals the Increasing Politicization of Judging by Conservatives from Brian Tamanaha at Balkinization, quoting from Judge Posner’s new book, How Judges Think: This politically conservative response (“originalism” or “textualism-originalism”) — which under different … Continued
F.B.I. Raids Office of Special Counsel – New York Times
F.B.I. Raids Office of Special Counsel – New York Times: The office of the official responsible for protecting federal workers from political interference was raided by F.B.I. agents on Tuesday as part of an investigation into whether he himself mixed … Continued
