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April 30, 2004

Admit it, folks, I'm right.

Some folks disagree with me. Some folks disagree with me a lot. Some folks disagree with me on almost everything. So when searching through my referrer logs, I like to find people who may hold differing views. The following person, however, seems to disagree with almost everyone. They found me by searching for:

admit it: you are Paris Hilton

I think any of my readers, all of my classmates, and hopefully anyone who knows me slightly will join together in agreeing that I am not, indeed, Ms. Paris Hilton. Nor are you going to find much of interest here about artistic breasts, and I can claim no expertise with regards to gay slave and master contracts.

However, the four people who have found this site searching for John Kerry Sex Tape must know something I don't.

Bust

Today, I simply flaked. I've not cracked my texts, and it's after seven. I just couldn't force myself to look at them, and actually remained in bed until noon. Let's put it this way: I've been so non-productive I've not even scanned my daily websites.

This isn't good: I still have two large sections of Con Law to review, and I need the weekend for Criminal Law.I was hoping to have it done by today so that Monday and Tuesday would be nothing but review. This doesn't look likely.

The worst part about spirals like this is that you kick yourself for the fact you've not done the work, and that doesn't inspire you to do it. So in the last fifteen minutes I've started four loads of laundry, I'm ordering food, and I'm prepping to be up until the early hours in repentance. One way or another, Con Law outlining ends this evening...

April 29, 2004

Faint Praise?

Via Ambimb, I find JohnKerryisaDoucheBagButImVotingforHimAnyway.com.

Brain dead from Con Law and now literally speechless, but I figured I might as well share in my amazement. Take a five-minute break from studying and have a look. Forget the content--someone paid to buy that URL...

UPDATE: I can now make this a Ridiculous Bipartisanship post by showing you what might be the worst political website I've ever seen. It's The Lord of the Political Rings. (Note spelling error in URL.) I apologize if politically-inclined Tolkien fans like Serious Law Student or Heidi suffer any psychological trauma from viewing this.

From Memepool. I'm going to bed now. That was awful.

April 28, 2004

Gotta Love the Clerk

I take no stand on the issues involved in the Clerk's latest post, but it's an example of one of the reasons I love to read him. I mean, who other than me uses the term slattern these days?

OK, back to Con Law...

Outline Update

Status of Outlines and Preparation in General:

Con Law Outline: A triumph of Formatting over Knowledge.
Perspectives Outline: A triumph of Vocabulary over Comprehension.
Reg. State Outline: A triumph of Duty over Necessity.
Crim Law Outline: A triumph of Hope over Reality.

Last term I was in fairly good shape. This term, I am merely doomed.

John Kerry: "Give Me The Power To Revolutionize the World!"

From the John Kerry Blog, a post provocatively entitled "Why Am I Here?" Blog Editor Ari Rabin-Havt writes:

I sat down with some friends over the weekend and made a list of all the things that would change the day John Kerry becomes President and the list was staggering. Looking at the list, we all agreed that as President, John Kerry will show our country real courage and real leadership.

What's on your list? Make your list and post it on the comments!


Might I suggest that the hopes of some Kerry fans are a bit... optimistic:
The number one thing on my list is that we will truly become a compassionate country again and that a new sense of honesty will prevail.

This is hardly an outlier response. Politics is one thing, but these guys seem to be seeking some sort of national... the term escapes me... apotheosis? paradigm shift? second-coming? It just seems a lot to expect from the creaky gears of democracy. Aren't these the same folks who want to keep religion out of public life?

(Bonus points to the first person who spots the reference in this entry's title.)

UPDATE: A reader writes to ask, "Why didn't you include a counter-example from the Bush site and file this under Ridiculous Bipartisanship?"

Sheer laziness, actually. As previously reported, the Bush Blog doesn't have comments. (Will Baude, take note.) I suppose I could trawl the net looking for a pro-Bush blog that has comments, but... did I mention exams?

Have you filled out your course evaluations? Have you? Have you???

My classmate Serious Law Student is perfectly justified in her criticism of the Columbia administration's use of email. Given that she asks a lot of good questions, I'd like to take a stab at some answers:

Honestly, I've gotten more information on such things from word-of-mouth and scouring the enormously inconvenient Columbia Law School website than I have from direct email communication from administration. On the one hand, it makes sense that we're all adults and that Columbia thinks we're responsible enough to figure such things out on our own. On the other hand though, apparently the same doesn't apply to something like course evaluations or the ice cream social or all the student activities going on at school, for which we're by now accustomed to getting three dozen emails a day.

How about a nice email outlining the class selection lottery, or descriptions of classes for next year? How about a little email telling us the procedure for journal competition, for which rumors abounded for weeks until the official journal meeting a few weeks ago? Or would it be asking too much to find out what the grading curve looks like, or the length of our respective exams, or about when the library starts on the exams schedule? Or perhaps the procedure for subletting your university apartment, or the procedure for applying for the housing lottery for next year? Why is it that EVERYTHING that I learn about this school is through word-of-mouth?


All perfectly valid criticisms, although by no means limited to the law school. The CLS administration, like most bodies, simply doesn't use online communication effectively. Email's virtue and its vice is that it's a simple-to-use and ubiquitous information-push medium. If you want to make sure everyone's notified, it's a great tool. However, given the vast diversity of interests at the law school and the (laudable) high frequency of events, consumers of this information suffer from information overload.

SLS's cry of frustration (which she repents of slightly in a later post) doesn't differ much from those of a hundred thousand cubicle drones with mailboxes bulging to a near-burst. And the law school could address the problem quickly with a few best-practice tools and tips cheaply implemented. In truth, putting such systems in place would probably save their staff a great deal of time and effort. It's all a matter of matching the type of information with the proper tool:

Bulletin Boards and Email Opt-Ins: Take the student events emails. Most of these advertise some student society's event, or a guest lecture, happening in the next few days. These are most suitable for a bulletin board system, or even a heavily-modified blog. Instead of mailing thousands of people with information they don't need, student services could post events which would automatically be displayed based upon date, and in subsections based upon the subject matter or group-affiliation of the event.

But won't most people miss all the events because they never check the system? Most bulletin board systems allow users to subscribe or unsubscribe to threads, sending them reminder emails only when they want them. I can already hear the cry: "But Tony, most people aren't tech-smart like you. [1] They'll never be able to figure out how to subscribe." I generally find that underestimating user ability is a mistake, but in this case it's no impediment. Set up every user account presubscribed to every thread. (People would get the same mails they do now.) I guarantee you that in order to avoid the persistent noise of unimportant emails, they'll learn.

This is nothing that couldn't be set up in two man-week's worth of work. Software like Ikonboard, PHPBB or the like is already out there to deal with such issues. It would take a bit more modification, but you could even do all of the above on Moveabletype.

Persistent Lore: Learn to Love The Wiki: Similarly, there's a lot of knowledge in the law school that's passed down from word of mouth, or through the website, or even from looking at old CLS blogs, that should really be structured for the use of the school as a whole. Serious Law Student mentions the 'rumours' regarding the write-on competition--something I still don't understand, since the meeting conflicted with another event--or Moot Court policies and traditions or selecting courses. Ideally, information on these would be centralized, but students who had been 'through the mill' would be able to add their own information, subject to some central editing.

Fortunately, there's already a tool available to manage this knowledge: it's a Wiki. Basically, a Wiki is a collection of easy-to-update articles managed off a central server. Readers can add new articles or edit them as and when, linking them to other articles as necessary. An example of the system in use (and an excellent resource on damn near anything) is the Wikipedia.

Take a look at the Wikipedia, and imagine going to a page called "Write-On Competition." Imagine that at the top there's a list of all our journals, and short snippets about their policies and application procedures. (Journals which wanted one could easily add a page--very little HTML knowledge required.) Further, students who had bits of advice or helpful suggestions have left them at the bottom of the page, under the editorial control of the Student Senate. You got to this page because it was linked from the Bulletin Board, and although you missed the meeting, at least you have an idea of who to talk to.

Each class that comes here absorbs a body of knowledge from the class before. As Serious Law Student notes, however, most of this knowledge exists only as a kind of oral history. The beauty of Wikis is that, while they start slow, as soon as they have a critical mass of information they begin to become the source to which one turns when stumped.

The Proper Use of Email: Of course, this wouldn't eliminate all the emails going to students, and it shouldn't. Some events are properly the concern of everyone. The important career services panels, the meetings on selection of courses, events which we hope will be attended by one or more classes: these are the proper subject of email broadcast. And because they're not buried in 300 messages regarding the new board of the Esperanto Speakers Law Review Society, they have that much more emphasis.

A Final Note: Systems Integration: One more plaintive wail is undoubtedly rising from my Columbia audience: "Tony, do we really need more systems in this place? I can't remember which of the thirty-five passwords for the multiple online systems I'm supposed to use already." And this complaint has some justification.

So far this year, I've used Quickplace, Columbia's internal Courseweb system, LAWNET, and the innumerable Career Services websites in order to retrieve critical information about my courses or the law school's offerings. These systems seem to have evolved, rather than been implemented with strategic considerations in mind. [2] As a result, students and teachers are forced to learn complex and redundant systems just to get by.

The beauty of the systems I've mentioned above is their flexibility. They can be repurposed and reapplied for multiple uses, meanwhile keeping a clever framework in place to minimize the hassle users face. With a little work and some innovative cookie-work, you could get close to single-sign on: users log in once, and for the most part stay logged in as they go through different systems. (Coursewebs, for instance, seems to do nothing that PHPBB doesn't.) The key thing is that new systems are used to solve old problems, and new technologies aren't allowed to be used unless they fit into this strategic framework.

Of course, these are questions of strategic architecture: not just solving the immediate problem, but making sure that the solution fits with other solutions existing or foreseeable. This isn't easy, and in case anyone thinks I'm being overly critical of the CLS adminstration, let me make it clear: these are suggestions for best-practice methods that many if not most organizations don't get right. If they did, my last company wouldn't have been able to charge high hourly rates to solve these problems.

'Eating Your Own Dog Food': All of this is empty advice. I'm coming up to finals (hence this article gets 1/2 an hour of my time), and even during the rest of my law school career I doubt I'd have a chance to make these changes. But as some of you might have noted (you may have gotten the email), I'm now treasurer of a student society. As a result, I'm going to be running this organization's website, as soon as I've negotiated the hurdles set up by the Law School and University IT departments. Already we're going to have three mailing lists (one each for members, alumni, and board) and a webpage updateable through Moveabletype. It's a small step, but I'm sort of hoping this will prove a best-practice example. At the very least, I'm hoping the number of spams we send out to the law school at large will decrease.

[1]: Isn't it funny how most people compliment you like that when they want to tell you that your ideas won't work?

[2]: For instance, Quickplace requires a code-snippet to display its 'drag and drop' file system. This snippet, last I tried it, wouldn't download to most University computers, because it violates their security restrictions. This is one of those simple but annoying oversights that pester any strategic implementation.

April 27, 2004

Curses

I've done a great deal of Con Law reading, but the conversation that inspired the entry below has me a bit befuddled. And as is often the case when logical exposition doesn't quiet the soul, I'm happy to turn to fiction. So a question for my readers, particularly some of my older readers, since I think this one is slightly before my time.

I'm looking for an anthology that has Ursula Le Guin's "The Ones Who Walk Away from Omelas" in it. Folks have been telling me to read it for years, and this summer seems like a good time to do so. Amazon is only helpful inasmuch as it gets me to a very expensive kiddie-reader and an even more expensive collection of short stories. (The latter looks astoundingly good, which is why I've included a link below.) Barnes and Noble is similarly unhelpful.

Any suggestions?

April 26, 2004

Something in the bucket...

As I've mentioned before, I don't really like marches. They tend to jumble up messages and become nothing more than incoherent imagery. They raise tempers without raising the level of debate. As I've been watching Chris take on Irishlaw bicker over an image from the "March for Women's Lives" in Washington, it's merely strengthened my general distaste for such 'action.'

I've only linked to the image here because (a) it's almost certainly subject to Reuter's copyright, and (b) it's somewhat distasteful. To describe it briefly, a man stands defiant in the midst of the march, holding up an image of a bloody fetus on a poster with the hyperbolic "ABORTION IS GENOCIDE." Around him, three women appear to be taunting him or dancing around him, holding posters of their own or showing off their t-shirts. The photographer captures a sense of antipathy and confrontation that evokes a sense of reasoned horribleness.

It's images like that which make me waver in my politically pro-choice stance. Unlike IrishLaw, I can see practical policy reasons for leaving the choice to carry a life to pregnancy in the hands of a woman. But at the end of every abortion, there's something that ends up in the bucket. We can bicker about whether that something is a 'human life' before or after a viable birth, but it's a potential, a something different from a tumor or a rotted tooth. Under different circumstances, it might be a subject of love and warmth, intelligence and kindness. And there it is, bloody.

I'm pro-choice, and I'm willing to accept that fact. I have no respect for those who picket abortion clinics or harass frail and nervous women after they've made or are making their choices. But there is also a cost to this policy--that something in the bucket--and I don't ever want to forget that fact.

I'm sure the counterdemonstrator is there to cause a disturbance: that's his intended role. Doubtless he's done his share of aggravation, and kicked up what trouble he can. Put him in front of a clinic, and I'm not likely to love an image of what he'd be doing. But his other purpose is to remind those of us who are pro-choice exactly what it is we're choosing: that we're making decisons about life and liberty, freedom and responsiblity. I can see ignoring him. I can even see pausing respectfully to observe him. What I can't condone is the taunting, the amusement, the confrontation, the dancing apparent in the picture. Because that image he's holding is what's being chosen by those marchers as a matter of policy: that is their end. Whatever rational reasons we may give ourselves to allow it, it's a horror not to be celebrated.

In the comments section of Chris's post, he takes me to task for describing the women as filled with "Distasteful hysteria, the triumph of identity politics over any reasonable moral principle." But really, I'm granting them the benefit of the doubt: that they're inspired by the heat of the conflict, women embroiled in a 'women's rights' march, and not by a genuine conviction that the image before them is forceless, costless or even laudable. Otherwise the marchers face that picture shouting, "Look upon our works, ye mighty, and rejoice!"

I'll stand by that statement of hysteria as one of hope, simply because if the women in that image are not hysterical, then they are horrifying.

April 25, 2004

I've Always Wanted to Say This: What Do You Want?

We all have one: the Prize. Something that we've promised we'll buy ourselves as a reward when we get through all the exams, write all the papers, and slide into that shiny new job. After all, you don't slave for three years and work yourself to death in order to get money. You sell your soul for the things that money buys.

Since we're all stressing like mad over exams, the Prize is probably more on our minds than normal. So in the name of fostering avarice everywhere: tell us what it is. Just leave a comment with your particular prize, or if your a blawger, just make sure to track back to this entry. Eventually we'll have a master-list of law school avarice, and then we can... we can... erm... I'm sure we'll find a use for it somehow.

Oh, a few rules: (a) No beauty-contestant answers, like "A job working for world peace." That's very sweet, but it's not what we're looking for. (b) Answers are limited to things you want to buy yourself. Again, it's nice that you want to buy your parents that yacht they always wanted, but 'tis not the point. (c) If possible, include a link to an example, so we can all see.

Must Be Very Upset That All Those Profits Towards World Peace Went Nowhere...

Ben Cohen, of Ben and Jerry's fame, has a nifty little parody of The Apprentice, Trump Fires Bush.

Oh, and since Ambimb mentions that I'm blogging a lot for someone with exams coming up, it's worth mentioning that when I'm writing on here most often, I'm ironically at my most productive. After all, I'm sitting in front of a computer, and that's productive, isn't it?

(link from Venturpreneur)

April 24, 2004

"And You Don't Seem to Understand..."

So, from the Blog De Kerry, we learn that John Kerry has issued a "Contract with America's Middle Class":

Unlike the Republican “Contract with America” of 10 years ago that divided America and worked against our values, Kerry said his contract will bring us back together by honoring our values, expanding the middle class, making our economy stronger and our nation more secure.

Well, you can go to his website and read his speech, but really, the important thing to note is that Kerry is trying to steal the thunder of the Contract with America in the most vapid way possible. The real significance of the Contract wasn't what it said, but how it said it. It was "a written contract with no fine print." Whatever you felt about the agenda itself, the Contract dedicated its members to a particular set of legislation, to be enacted within a set timeframe. Kerry's 'contract'?

I will reform out of control spending by putting in place budget caps that assure Washington has to live within its means. I will cut waste and abuse out of our health care system by giving incentives for smarter more efficient systems.

I will reform corporate America by requiring corporations to report to their shareholders and what they report to the IRS. And I will reform our tax code by ending incentives for companies to send jobs overseas.

Government should take less money from the middle class, and do more to make sure their hard-earned tax dollars go to solve their real problems.

For example, we have to invest more on health care if we're going to keep businesses from cutting jobs and going under. But putting more money into the health care system won't do any good if we don't reform it to get health costs under control-which is exactly what my plan does.


Erm... yes. Well, the devil's in the details. At time of writing, the "Contract with America's Middle Class" doesn't appear as a document on Kerry's website, nor is there a promise that it will. It's a verbal contract, and not much of one at that. Besides a host of platitudes and "I won't be Bush" statements, there's nothing concrete. Missing is the Contract with America's timeline. Gone is its promise for particular pieces of legislation. There's nothing by which a President Kerry could be judged to be in default.

A pity. The original Contract worked as a piece of political theater because whatever its positions, it was a measurable roadmap by which leaders who were elected could later be judged. (Well, 'measurable' in Washington terms, which I'll admit isn't much.) Newt Gingrich took that risk, and should be credited for its success. Kerry seems to have taken a page from Newt's book, but not read it carefully at all.

Quick Political Website Commentary

And to finish off my glorious wireless blogging this lunchtime, a few quick observations on the political web:

Memo To Bush:
Number of times John Kerry's face appears on JohnKerry.com today: 6.
Number of times your face appears: 0.

Number of times John Kerry's face appears on GeorgeWBush.com today: 6.
Number of times your face appears: 0.

I know negative campaigning is endemic these days, Mr. President, but this is ridiculous. Get your face on your homepage and a real message up there.

Bush Hate Site of the Day:
For my readers who just can't get enough inane anti-Bush bile.

Someone at Bush headquarters didn't manage to snag Bush2004.com. Headline on this parody site: "Al Qaeda Bombers Endorse Bush--Terrorists Thank Allah For America's 'Holy Idiot.'"

Personally, I hope this gets as much exposure as possible. This is the kind of thing that makes the rabid anti-Bush folks look... well, speaks for itself, really.

Defending John Kerry

Now this doesn't happen very often, but since I'm on my lunch hour, I'll note this. Colbert King of the Washington Post questions John Kerry's commitment to racial diversity. Mainly he's alleging that Kerry's 'inner circle' is completely white, with people of color, alternative sexualities, gender, etc. brought in only to talk to their particular communities:

Regardless of how much the Kerry press releases make it sound as if those "all-stars" and "senior advisers" are the Dream Team, they aren't the people calling the shots. They don't have a hand in positioning the candidate or in guiding his campaign. That is the special preserve of the [allegedly all-white] inner circle.

As most of you probably guess, the color of John Kerry's 'inner circle' is a matter of supreme indifference to me. Still, the charge seemed strange, so I though I'd take a quick look to see if I could find some data, without doing what Colbert King did: calling spin-central and seeing what popped up. I mean, at the very least, it would be cool to find out what Kerry blogmeister Dick Bell looks like.

In so doing, I found the Civic Actions Wiki, a sort of roster for Democratic campaign staff. The data on the Kerry campaign is here. There's no 'inner circle' listing, but I went to what I cared about--who runs the website. And at least here there's diversity: one, possibly two hispanic men, a woman, and white guy. A quick glance through shows that the Deputy Campaign Manager, Marcus Jadotte, is an African-American. Not that the racial mix matters, but since they do run a good blog [1] (even if I'm not a Kerry fan), it's nice to see them front and center.

I'm not sure if that answers Colbert King's question: maybe these people are functionaries and the 'Inner Circle' that's 'calling the shots' is indeed all-white. But looking through his campaign staff and reading a bit about them is a fun experience in and of itself, so it's not been a wasted lunch.

[1]: Having looked at the Bush and Kerry blogs and websites over the last few months, I regretfully give the edge to the Kerry site. The Bush site is slightly better technically, but the Kerry site's lighter, more open site design is less of a trial to look at. Bush's site could really use an overhaul: there's too much stuff on the homepage, and it's just too confusing.

That said, both sites need some stylesheet help. Senior browsers are a key audience, and neither site's fonts increase when you use IE's "Text Size" feature. For older Americans, this has to be annoying.

Gaming the System

A lot of my friends have been getting GMail accounts, web-mail accounts through Google now offers with a Gigabyte of storage.

Most of the discussion on this has focused on privacy concerns: GMail scans your mail for keywords and delivers it with little Google ads. Personally, this doesn't bother me--most people have such poor security, especially with ubiquitous wireless, that automatic scanning of email doesn't seem such a big deal. I just wonder if this might be one of Google's less-successful experiments.

Most people don't have a gigabyte of email. My Outlook archive is only 650 MB, and it goes back more years than I care to think. I'm willing to bet that Google's 1GB promise is premised on the idea that the typical user will never get anywhere close to their limit. But there's a very good use of 1GB of online storage that might threaten Google's business model: backups.

For instance, every week I burn my critical files to a CD, and every two weeks I back up my data to DVD. But with a GMail account, I could zip my critical law school files--all of them--into a 50MB zip file and mail them to 'myself.' If I ever need them, there they are.

Why is this a problem for GMail? Well, it seems that Google expects this to pay for itself through the targeted advertisements people read when they check their mail. But in the example above, I'm only checking my mail when I need to access the backups. Which is almost never. Since they get paid every time I see an ad, this isn't good new for Google.

Of course, Google may have thought of this, and placed a limit on the size of files you can receive in an attachment. Or maybe they figure only a few people will feel the need to treat their Gmailbox as a GB of online storage. But it does seem like a bit of a loophole.

UPDATE: Arvin at Rebuttable Presumption thinks people might be put off of using Gmail as a backup tool by fears of security. I'm not sure this is really a deterrent for most people. I mean, for the things that I need to backup most--my law school papers--there's not a huge market out there, and frankly, if they're stolen, they're not going to make anyone enough money to recover their investment, much less make them rich.

April 23, 2004

More Google Pagerank Musings

Just a few musings about PageRank before I break for the day. It's been a good day's work, so I figure I've got a right to talk a little bull.

There's now two blogs similar to mine with a PageRank of 6, rather than 5. Well, there was, until I checked Not For Sheep, which on my bar has fallen to a PR5, and Serious Law Student, whose hopped up to PR6. So, the question becomes, what differentiates both blogs in their linking and link styles?

I'm not certain. Here's a couple of guesses:

Few Links, but Good Ones: Neither have exceptionally long blogrolls, and both link to sites which are authorities for those keywords. (For instance, SLS recently linked to Text Twist, a game which certainly owns that term. I wonder if there's some kind of balancing going on here: Google giving PR to sites whose links point to sites which are authorities for that term. I've not heard of that being done, but it's semi-plausible.

Fewer "Conversations": I like to link to folks engaged in various oddball discussions with me. Most of us--with the exception of Crescat--have PR5s. I wonder if this causes some kind of 'reciprocity' effect. I know that link reciprocity can result in the value of a particular link being lowered, but I'm unsure how it effects PageRank.

Aged Links, Google Likes Girls, Proper Goats Sacrificed Under the Right Full Moon, etc: To be honest, I really can't explain the SLS/NFS exceptions. There doesn't seem to be a reason for NFS to have fallen or SLS to have jumped up a notch. It could be both of them are borderline--PageRank probably has more gradations than show on the Toolbar--and so very small changes make a noticable difference. But for the moment, it really beats me.

Investigation continues...

Desolate Distraction

And your daily distraction from the rigors of studying: Ghost Town, a photo-essay by what has to be the world's most dedicated, and possibly insane, biker. With nothing more than motorcycle leathers, a little Japanese crotch-rocket, and her daddy's scientific access pass, she set out to document the devastation that is Chernobyl. Apparently you're OK if you stay on the asphalt, which doesn't absorb radiation that well. Ummmm, yeah.

Take a minute and look. You need to put all that environmental law stuff in perspective, right?

(Hat tip to the Modulator.)

April 22, 2004

Law Students And Sharing

Dear Wormwood:

As my final hurdles of 1L-hood seem ever-closer, the school is gearing up for exams. Or rather, some of us are gearing up for exams, while others have already retooled, refueled, repainted, geared up, and are actually threatening to push that big button labelled "NITRO." As my last class in Foundations of the Regulatory State (read 'Law, Econ, and Policy') was today, I'd like to cast a critical eye over the market that's emerging here: that in outlines and notes. The market is characterized by three classes of individuals:

Non-Market Participants: These are the people who have their notes locked in small safes hidden in their floorboards and their outlines under guards moonlighting from the Federal Reserve. Their study groups started the semester with blood-pacts never to share group work product, and probably had several pages worth of contract defining what was 'shared group work product' and what was 'acceptable personal trade collateral.'

Some of these folks have put immense amounts of effort into creating the ideal outline, and have done so in all their classes. From a Reg State point of view, they're not participating in the market because it's unlikely that any item on the market could be worth the polished jewel of legal knowledge they've managed. The less benign Non-Market Participant, however, has accepted the zero-sum nature of the grading curve and figures that anyone who needs his help must perforce be destined to a lower rank than he--no point in helping.

Note that any outline wrenched, stolen, or otherwise acquired from a Non-Market Participant is, to their credit, likely to be very good indeed.

The Jawas, Pokemon Masters, Poker Sharks, Market Makers, Influence Peddlers, and Other Related Traders: It's here that the market for outlines is made. Individuals in this group have either a single great outline, or a number of 'working copies' that they can share around. These individuals belong to multiple study groups--sometimes ignoring the blood-pacts--and are perfectly willing to swap information with you, so long as you've got what they want.

Quality of these outlines will vary, as will their heritage. Jawas who have garnered premium outlines may hold out for 'complete sharing' agreements, in which counterparties offer to share all their information; others may be willing to make one-on-one trades. Trading often occurs more aggressively towards the end of the semester: more product is available on the market, making for higher liquidity, and many Jawas want to 'hold out' to make sure they don't get cheated or lose out on later deals.

I've not seen it yet, but I'm waiting for the ultimate Jawa to evolve: the person who doesn't actually read any of the outlines, but just wants to see if he can collect whole sets in order to trade them.

Freeloaders, Freelovers, and Butterflies: I group these together because they're often indistinguishable. The first two either do no outlines and try to snag them off others, or are perfectly willing to share what they've got with whomever. The 'Butterflies' treat outlines as cocoons: the real benefit of an outline is the effort put into creating it, which can't be transferred. They really don't care what happens to the shell after they've emerged from it.

The quality of outline from this group is varied, but higher than you might think. A good Butterfly may have better notes than a Non-Market Participant, but simply not buy into the zero-sum game.

Anyway, Wormwood, this is a rougher taxonomy than I might otherwise construct for you, but I want to get back to writing up my Con Law outline. I'm sure I've missed one or two subspecies, and maybe my readers will fill out the evolutionary tree. Please don't take any of my words above as ones of condemnation or approval: each member of the Law School ecosystem has their own little part to play, and I'm sure they're all a valuable part of the Circle of Life as it exists in law school.

April 21, 2004

AMBIMB LIES! (OK, fibs. OK, maybe not even that...)

My friend Ambivalent Imbroglio writes:
I've got good outlines for every class. No, I didn't make a single one. Yes, I know that's not how you're supposed to do it. If you're a law student, I'm telling you this to boost your confidence. Think of this as my gift to you: You are more prepared than I am, so rest easy.

No, I'm not more prepared than he is. He at least, has a plan. This might be a better indicator of my present state. (Credit due to my old lead-tech in my prior life as a project manager.)

April 20, 2004

Because we all like to waste time on stupid games

I give you Matazone's latest Night of the Zombie Kittens...

April 19, 2004

OK, Am I Wrong, or Is It Just John Kerry?

This is the kind of thing that's really frustrating to read when you're studying Con Law. From John Kerry's new ad:

Title: Direct Response Choice

Narrator: The Supreme Court is just one vote away from outlawing a woman's right to choose. George Bush will appoint anti-choice, anti-privacy justices. But you can stop him.

Now, is Kerry trying to tell me that if Bush is re-elected, all of a sudden Scalia is going to become a judicial realist and start concocting constitutional reasons why abortion is not only subject to control by the states, but positively must be outlawed by them? Is the Supreme Court really in the business of outlawing things, rather than saying things may or may not be outlawed? Can I cite a presidential candidate to Prof. ConLaw as authority for the Supreme Court having the power to outlaw abortion?

Well, I suppose I could, but I'd have to be an idiot. Thankfully, Kerry and his campaign don't have to pass a Con Law exam. Of course, with Kerry's luck, there wouldn't be a separation of powers question.

Or am I just wrong? Someone tell me, because it's just over two weeks until I have to know this stuff. And it's not like Casey isn't enough of a mess without John Kerry whispering in my ear...

Ezula, I Hate You

I spent a lot of time I should have been working today fixing computers. If you're at Columbia--or indeed, using the 'Net at all--I strongly recommend that you read my update about Ezula, and if you're having any of the symptoms--strange search windows and odd pop-ups--that you follow the instructions for removing the software.

I only mention it again because of four computers I looked at today, three had ezula.exe sitting right in their C:\ drive...

April 18, 2004

Not Entirely Welcome Headline Change

The World Star Gazette is an organization that I know nothing about but seems in the business of making a 'newspaper' out of other people's blog entries. Today they seem to have lifted a choice paragraph from my entry on dating across party lines and made it part of a 'point-counterpoint.'

Whatever the merits or not of this "gazette," I'm not sure I'm entirely in favor of their editorial style. My original title, Here's Hoping My Children Have Left Feet and Right Feet has been replaced with the rather more provocative "I've Slept With Too Many Liberals to Hate Them All."

That does make me sound rather a man of loose moral virtue, wouldn't you say?

April 17, 2004

Who pays any attention to the syntax of things

Spring is here: I'm walking to and from the law school in short-sleeved shirts with no jacket, and as I wandered home I wondered at the strange gradations of color that pass for sunset in New York, where the horizon is the next block of buildings and the 'sky' is that thing you can see when you look straight up. This morning students were out reading on the college lawns as I wandered schoolwards, and going back the same way this evening there was some event with food and music in front of the Low Library. The air is warm with the clean smell of thawing winter (rather than the stench of coming summer), and the street fair on broadway was full of shiny organic fruits and vendors hawking overpriced ethnic food.

I've lowered the Exam Stress warning to "guarded." While at the library today I covered my last section of Con Law: each topic I've either read in Chemerinsky, briefly covered in Legalines, or suffered through in Sullivan. There's only a little more Crim reading left to do, and even Reg State is down to a manageable minimum. With just under two and a half weeks left, it's now down to outlining and preparing. Since most of my preparation is the act of synthesizing my notes (and I've given up hopes of Law Review), much of the terror has abated. The Rubicon is before me, and tomorrow the bridges get burnt.

So tonight I'm wandering the city with my girlfriend, our evening's agenda still unknown. When she arrives, I think we'll walk down Broadway for a couple of stops, take in the final moments of twilight as it drifts away, and then head out for adventures unknown.

Incidentally, if you're lucky enough to find a companion during your 1L year, seize that particular opportunity with both hands. I'm going to break my standard policy of not talking about my personal life to say that finding someone understanding of a 1L's schedule, who can put up with the fact that you're available only at odd hours and that your one instant topic of conversation regards your workload, is an circumstance of tender mercy. If she knows how to cook brilliant halibut cooked with saffron, yogurt and shallots, all the better. But during this madcap silly season, having someone to share with is really the crowning glory.

A 1L I was chatting to yesterday murmurred something about being happy that they were single, because "otherwise my grades would be suffering so badly." To which I can only quote the poem from which I stole the title of this post:

my blood approves,
and kisses are a better fate
than wisdom
lady i swear by all flowers. Don't cry
--the best gesture of my brain is less than
your eyelids' flutter...

OK, sappiness over. I promise I'll say something political or curmudgeonly tomorrow, when it's back to work, but I'm off for the evening.

Two Blogging Points

A couple of thoughts and annoyances on blogging. Sorry for the self-referentialism.

Page Rank 6: For a while, my site had a PR6 on Google. Then they changed their policies, largely wisely, and I fell back down to PR5. These days, I don't know of a single individual law student blog that has a page rank consistently higher than five: Serious Law Student, Letters of Marque, Ambimb, Sua Sponte, Wings and Vodka, and even the oft-linked Jeremy Blachman have all sat solidly with me at PR5. (The sole exception, Katherine's Not for Sheep, hovers between PR5 and PR6, but is mostly PR5. I'm trying to differentiate between her link patterns and everyone elses, since this is the only observable exception to otherwise similar sites.)

Meanwhile, group blogs like De Novo, Crescat Sententia, or law professors' blogs like Professor Bainbridge or Professor Solum have PR6s. The first makes sense: the group blogs are more active and have many more inbound links as a result. Law professor's substantive posts get more inbounds as well. The combination--law profs and group blogs--seems even more powerful, given the success of the Conspiracy. So either I need to become a law prof or clone myself, I guess.

It's not really important, but I'd like to get my PR6 back. It makes it that much easier to conduct small side experiments when I want to know how Google works on some esoteric point. Of course, that involves getting my head above the parapets for a while, putting my mind to writing some truly interesting stuff, and getting links from some of the big-boys. Probably more work than it's worth in exam season.

Annoyances with ATOM: I don't read sites like Lawdork, Shetai, Wings and Vodka, or indeed Prof. Crimlaw's Punishment Theory Blog as much as I'd like. For reasons of time, I generally restrict myself to what's on my blogroll at right and what's on the Continuum. Which means, essentially, sites that have RSS functioning.

So why did BlogSpot have to implement ATOM instead of nice, standard RSS? This would have solved my problem nicely.

Perspectives and Reg State Help

I've said it before, but it's worth repeating: if you're a Columbia 1L looking for a good overview of Perspectives and Reg. State terminology, you could do far worse than Lawrence Solum's Legal Theory Lexicon. Besides covering the basics, like what positive and normative mean, in the past few weeks he's covered an awful lot of territory that is useful review as exam season approaches. For instance, he's given good summaries of the following terms for Perspectives:


And for Foundations of the Regulatory State, the following might be helpful as an overview:

Of course, now I've shared, and thus eliminated some slight advantage on the curve. What the heck, I still think law school's all about sharing. Of course, it's just one author's ideas, and not a replacement for the vast amount of reading we've done this term, but for a one-site brushup, you could do worse.

April 16, 2004

One for the Good Guys

Professor Bainbridge today praises Spirit of America, and posts a favourable Opinion Journal article regarding the charity. Basically, they're trying to collect things needed to help rebuild Iraq. After identifying local needs through his contacts with the Marines, Spirit of America sends them over to Iraq where they can do immediate good on the ground. His latest project is to try to put together an Iraqi TV station before the handover, thus providing an alternative to Al-Jazeera.

The charity's primary advantage is the ability to avoid a bureaucracy suitable for equipping a massive military force in order to accomplish small acts of good. Remember when I was excoriating Take Back the Night Marches? Well, this is the opposite: a bundle of people seeing a problem and working to actually come up with a solution. It won't solve everything, it won't band-aid the world, and it doesn't raise all that much 'consciousness.' Just some folks getting the tools they need to build something. The guy who runs this, Jim Hake, gets my respect for his effort (and some of my money).

The Course Evaluation Email Mob

If you attend Columbia Law School, one perpetual annoyance is that rather than having online bulletin boards or subscription-only email lists, your account will be set up to get every half-important email from any random association conceivable. You'll read these simply because every so often, there's a single email sent out about something you need to know: journals, or EIP, or clinics next year. But they'll be hidden in a forest of things you don't have any desire to know about. Nowhere is this worse than with course evaluation emails.

The University puts great stock in their course evaluations, despite the fact that first year evaluations are pretty pointless. After all, you can't choose your professors, so the best you can hope for is that someone says something nice about the challenge that faces you. Or you can develop ulcers reading some of them.

But whatever, the University wants you to fill them out. In an attempt to aid future first years, I've put together a taxonomy of course evaluation reminder emails.

The Santa Claus Emails: So-called because the powers that be seem to think you're waiting for evaluation season like Christmas. "Please note that in three weeks, you will be able to access the course evaluation websites." You'll receive about three of these.

The On Your Marks Emails: These I got today. They remind you of the surprising fact that you're taking a course, and that the course can be evaluated. One email per course, incidentally, telling you to go to the same website. Actually, that's not true--they sent me two reminders for Perspectives.

The In Loco Parentis Emails: These emails are sent automatically by the course evaluation system, or so they claim. Since you're obviously missing your mother, they decide to nag you in a maternal fashion about the fact that you've not filled out your evaluations. [1] If the system knew that you'd not finished your outlines, sublet your apartment, signed up for next years courses, or gone to the gym in two weeks, it would probably happily nag you about that too.

These can also be named the Perfidy Emails, because they promise that if you fill out the evaluations, the emails will stop. More than likely, they lie.

The Course Evaluation Mob Emails: These come only towards the end of the evaluation period, just before the website closes. Like an enforcer asking for protection money, they're not directly threatening, but they're more firm than the In Loco Parentis kind. You almost expect them to mumble, "You've got a very nice outline there, kid. Nice formatting, pretty nice size. It'd be a shame if anything... happened... to it. Know what I mean?"

There's only one nice thing about any of these emails. The evaluation period closes before exams. While this means that you can't leave behind wisdom for future students on the only thing they (or you) are likely to care that much about--how tough is the exam?--so long as you're still receiving reminders, exams aren't upon you yet.

[1]: NOTE TO ANY MATERNAL READERS (particularly my own mother): This is not to say my own mom nagged me when I was a child--she was actually very good about that. I'm merely employing stereotype here.

April 15, 2004

Change of Allegiance II

Some of you may remember that a while back I decided to use Barnes and Noble for my book links instead of Amazon.com, because I was annoyed with Amazon's disclosure of its own-site purchase policy.

Well, today I'm rescinding that, just because the annoyance has now outweighed the importance of the principle. Barnes and Noble works well for some things, it delivers to New York faster, and has a better range and reliability of textbooks. But its user interface is worse, the prices are generally higher, and most importantly, they have fewer cover images for their books. On the other hand, Amazon's web services still crash the site much of the time.

So from here on in, I'm using whicher I feel is more useful to myself or my readers. For instance, here's a book that was mentioned in my Crim Law class today, which I'll probably get from the library here. The Mask of Sanity discusses the psycopathic personality, a topic in our class today. I've used the Barnes and Noble link for this because they have it in stock and have a cover image.

On the other hand, I've used Amazon to highlight the latest bit of relaxation I've done, an anime series titled Serial Experiments Lain. Kim's Video may not have the greatest collection of Japanese movies--and I've pretty much exhausted it--but they do have a strong selection of anime. If you were disappointed by the fact that The Matrix Trilogy had great effects but didn't say anything very interesting about the relationship between a real and virtual reality, this might be the series for you. It's short, eclectic, doesn't answer all the questions it raises, but certainly provides food for thought. If you're trying to practice your Japanese, it's pretty good because (a) it doesn't have a lot of slang, but (b) the language is pretty complex and challenging, especially if you don't cheat and turn on the subtitles.

The Mask of Sanity

Danger is the Nature of the Darkness

This is one of those entries that gets me into trouble. Still, though my curmudgeonly nature creates conflict in my life, sometimes it just won't be denied. So I'm just going to come out and say it: I really can't summon much respect for 'Take Back the Night Marches.' And there's a large one going on tonight.

I don't wish to be misread as trivializing the problem of violence against women, any more than I'd trivialize the problems of violence against anyone, group or individual. Domestic violence, street crime, date rape, etc. are all difficult and real problems. Unfortunately, 'Take Back the Night' isn't a real solution, for at least three reasons. Two of these are admittedly quibbles, but the last is a serious objection: naming, coherency, and efficiency.

1. Impossible Dreams and Inevitable Nightmares: You can't 'Take Back the Night,' not even in a figurative sense. Danger is the nature of the darkness, and has been since the first of dawn of days. The night was never 'taken' by anyone: it's the natural ally of those who act under the cover of darkness. We may make our cities and our streets safer, surely, but evil deeds will always best be done away from other eyes.

2. When You Say Everything, You Mean Nothing: Of course, the first point is merely an aesthetic reaction. The March could be renamed a "March for Women's Night Safety," if the organizers gave two hoots about my fetish for appropriate names.

But no mere descriptive title can bear the load which the organizers are placing on it. Advertisements around the university blare in bold capital letters that tonight's marchers will be marching because "X percent of young woman have experience date rape" or "Y percentage of men or women were victims of domestic abuse." Because "Z number of transgendered individuals have been assaulted in the last year" or "A% of women are victims of domestic abuse." Indeed, apparently "B number of men report having been abused by their partners." [1] The motivations thus cover violence against both sexes, violence against all ages, and violence which is in no sense limited to the nocturnal.

Again, this is not to trivialize these issues. It's just to point out that if the organizers are to be believed, this is nothing more than a march against violence in general. If we're concerned about men as victims as domestic violence and women being assaulted at night, we might as well be concerned about men victimized under cover of darkness. Here we object to violence in general. And once we've reached that point, we're now marching about something that almost no one--except possibly the irredeemably criminal--disagrees with. If there is a greater message, it has long since passed the point of coherency into some vaguely altruistic blancmange. Which leads us to the final and most significant objection...

3. There is No Point to Pointless Activity: Violence against women is an important subject, doubly so for violence at night: I take seriously the complaint of women that they can feel less confident than I walking the streets after they've been to a bar. But if we're serious about this, there's many effective things we can do. With far fewer people than will be showing up at Barnard this evening, we can start neighborhood watches. Back at Oxford, I volunteered for 'nightwalk' services (men who agreed to stay sober and walk ladies home after dark). Nightbus services can be funded, equipped, and staffed. When it comes to domestic violence, I have nothing but the strongest respect for the people who spend time working on the domestic violence courtroom advocacy projects here at Columbia.

These things require effort and dedication. Those who do them command respect for their self-sacrifice, and to that I'll tip my hat. But marching down a well-lit street in a relatively safe area of New York at night, raising a rucous and thus raising 'consciousness?' Please. First of all, if the Columbia/Barnard crowd were any more 'conscious' we'd explode in a spontaneous burst of enlightenment. Everyone here can sing the words to this old familiar song. Secondly, the 'audience' that might need to hear the message--abusers, muggers, predators of all kinds--are simply not at the march, nor listening. Thus this kind of march becomes a masturbation of virtue, which I'm sure will make the marchers happy with themselves, but accomplishes so remarkably little that it approaches nothing. Indeed, depending on how annoyed onlookers get such 'consciousness raising' on other issues can even be counterproductive.

As I said, whenever the curmudgeon in me can't restrain himself and I write something like this, I brace for impact. Obviously, several hundred people disagree with me as to the usefulness of the endeavor, or they wouldn't be wandering out on a still-chill spring evening so close to finals. [2] And perhaps there will be someone inspired or shamed or in some way changed, and in some intangible and never-to-be-measured sense good will be accomplished and I will be wrong. But the entire thing seems such monumental effort for such slight gains that I have to question if the emperor has any clothing.

UPDATE: Heidi Bond suggests that I've missed one of the points of a Take Back the Night March:

For some marchers, their goal is not to prevent future violence. Their goal is to try and combat feelings of powerlessness and irrational fear harbored by themselves and/or co-marching loved ones. For them, marching is not about saying "I'm walking down the street, raising consciousness about rape in the general population, thus preventing further violence." It's about saying, "tonight, I"m walking down the street at night with no fear. For me, this is a really big step. This is my way of saying there are things I can do to keep the fear at bay. I am no longer powerless: I have this one power tonight, in a crowd, to walk where I could not walk before. I am taking one small step tonight, and maybe tomorrow I will take a larger one, like going to the store at night with a friend and not freaking out."

Heidi's point isn't trivial, but I think it's one of those cases of "what I wish the march had said" as opposed to what it did say. Having spent the better part of the last ten years either in University, living near Universities, or living in University towns, I've seen more than my fair share of them. Indeed, I've observed ('participated in' might imply more sympathy than was there) two of these on "don't criticize what you've not seen" grounds. Any of the admirable aims Heidi mentions above were far outweighed by a mixing of messages that lead to incoherence. Most charitably, it's difficult to see how you get date-rape into this equation, since there's nothing of particular affinity with the night--at least in the sense of the unknown and the fear of the stranger that Heidi is highlighting--in that offense. It's a different evil.

And that's