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August 25, 2006

And like that... he is gone

So that's it. RIP Three Years of Hell, June 2, 2003 to August 25, 2006. After all these words, there are only a few things left to say.

Two sites, the Imbroglio and the Volokh Conspiracy, have given me a slightly premature sendoff, and their words are very kind. (The site has received its final Kerr Package.) In answer to Ambimb's question as to why the site is closing, the answer is simply that the project is done. I don't know what my next big task will be. I've got two articles in process (much more difficult now I don't have free Lexis access). There's a few chapters written of a novel, a thought made more exciting by three friends who have already written books. The more I look at law and technology, the more I think that an open-source, XML-based framework for writing judicial opinions would bring caselaw closer to the public (as well as weaken the WEXIS duopoly). Perhaps that's a project worth looking into. Whatever the case, I'm sure I'll have no problem coming up with other tasks to occupy my (soon to dwindle rapidly) free time. This story was always meant to have an ending, and after all these months, it is finally here.

Thank you to the professors and students at Columbia Law School who made this journey such a rich experience. The same goes to the bloggers across the 'sphere who've linked, commented and otherwise spread the word. (A special note should go to Martin, who started me on this path.) My family, although asked not to comment on the blog itself, never failed to give me encouragement (and fodder for quite a few posts) throughout my years here.

And finally, of course, thank you to all of you who've read this site over the last three years and a bit. Journeys are made better with travelling companions, and I couldn't have asked for a finer bunch.

Best regards,

A.R.

Advice for 1Ls Starting a Blog: A Much Shorter Part II

Dear Wormwood:

I promised you two letters that might help your friend Scrimgouge in starting a 1L blog. The first letter focused mostly upon matters that any blogger, legal or otherwise, might find useful, be they technical or stylistic. But both you and Scrimgouge are now law student, which makes your efforts (and yes, dear Wormwood, I really am hoping that you too might start blogging) a bit different. So with the basics out of the way, I'd like to make a few quick notes and observations on what I've learned from law school blogging.

  1. Eschew anonymity: I've covered the reasons for this in one of my most oft-read posts. I know I bang on upon this, but anonymity certainly isn't as safe as you'd suspect. Besides, it's only polite that when you violate Godwin's Law, your opponent knows where to send the summons and complaint.
  2. Don't be surprised if your first year makes for the most interesting blogging: First year blogs are great, indeed positively addicting. Most 1Ls find themselves thrust into this bizarro land where Socratic Method suddenly makes sense as a pedagogical technique and everything--and I mean everything--starts being seen through the lense of law. On the other hand, 1L bloggers know that most of their readers aren't other law students, but their friends, family and associates from back in the "real world." The need to explain the pressure-cooker anxiety, and the urge to translate the experience to outsiders, makes for excellent writing.

    1L year is all about learning the game. 2L year, you merely refine it. By 3L, you're looking for another game to play because you know exactly how much class you can snooze through with minimal effect on your grades. Why do you think Scott Turow didn't write a sequel?

  3. Give your fellow students (and professors) some space: TYoH followed two pretty simple rules. First, don't mention a non-blogging professor by name. Refer to them instead as "Prof. Contracts" or "Prof. CivPro." It's not much, but it does mean that your blog entries won't end up as Google hits for their name. Secondly, if you have a story to tell about a fellow student, even if you're not mentioning them by name, shoot them a quick email with a draft of the post before you publish. They may not want their lives appearing online. Most of the time, no one will care, but it's a good habit that saves trouble later on.
  4. Blog about what fascinates you: Your text really comes alive when you have an interesting story to tell, or when you're passionate about an issue. All law student bloggers eventually create their own niche. I've posted quite a lot on gay marriage, for instance, but also on the appropriateness of professional status for legal practitioners (much more obscure) and strange tax issues. The Ambivalent Imbroglio should be one of the first reads for any law student thinking of becoming a public defender (or a prosecutor, for that matter). You don't have to comment fully on everything. If you find something interesting but don't have anything to say on it, an entry with a quick link is perfectly fine. Write in depth on those issues you care about.
  5. Engage others: Yesterday I wrote about connecting to other bloggers, but focused mostly on law professors or major players. Yet the real and lasting relationships in blogging will come from your own cohorts, your peers out there on the great wide internet. I've copied fair amounts of code from Heidi's effort. I've made fast friends with Chris. I've pimped Jeremy's book. These are the things I smile about when I remember TYoH, and I'll bet I do so a decade from now. Your cohort will be a source of support when things go wrong, both scholastically and technically. They'll also be something you'll carry away from law school.
  6. Keep a sense of humor: All too often, you'll be inspired to shout. When you do, put the post in "draft" and leave it to the next day. Remember that at the right moment and you'll thank me later.
  7. Keep in touch: Perhaps not advice, so much, but if there's a 1L out there starting a blog and they need a bit of help, don't hesitate to ask. I'm sure it's going to be a lot of fun reading your work in the years to come.

And that, dearest Wormwood, is that. I hope that Scrimgouge finds the next three years as exciting as I did.

Welcome to the Continuum! or Passing the Torch

Say hello to Luis Villa, a 1L at Columbia law school. He's another coder turned lawyer, and his musings on code and law strike a cord.

If there's any other Columbia Law School bloggers who would like to tie their blogs into the Columbia Continuum, feel free to email me. (I will be keeping that site working, and maybe even improved, after this site goes quiet.)

UPDATE: Welcome also to Legal Economics, another Columbia 1L. This guy will have no trouble in Reg State. Too bad it's not a required class anymore, eh?

(Please note that the Continuum requires an RSS feed, so if you're on Blogger or Blogspot, you should get a Feedburner account.)

Down to the Wire

Right... self-imposed deadline of tonight to finish this thing off, and still four or five posts that I need to complete. Right now all that quick typing in exams is coming in handy!

August 24, 2006

Advice for 1Ls Considering a Blog: A Very Long Part One

Dear Wormwood:

Who is this Scrimgouge whose email address you've forwarded me? It's certainly very flattering that he's asking you to ask me for advice on starting a law school blog. Nevertheless, there's no good reason for him to ask me at one remove. [1] You know full well I'd speak at the opening of a Doritos bag, and give away advice just as profligately.

Since your friend has asked, I'm happy to oblige. This particular project has run for over three years, and I'd like to think that in that time I've learned a few things that might help out a beginner. Of course, with the start of the fall semester, there is currently no shortage of advice for new law students, and I'm sure that similar wisdom about blogs is a dime a dozen. Hopefully your friend Scrimgouge will find one or two chestnuts here that he hasn't managed to gather elsewhere. Sadly for him, however, whatever angels generally look over my shoulder and force me to be brief have taken a tea break. What follows is quite lengthy indeed.

To help out a bit, I've divided the post into five sections that continue after the cut:
First, the commonplace.
Second, decide what you want to do.
Third, learn a bit about the technology.
Fourth, connect, connect, connect (to the Web).
Fifth, connect, connect, connect (to other bloggers).
Finally, have fun.

I hope it helps.

Continue reading "Advice for 1Ls Considering a Blog: A Very Long Part One" »

August 18, 2006

The Beginning of the End

Dear Wormwood:

The bar exam is over. I've moved away from D.C. to Another State. [1] And today the last signs of law-student living left me: my free Lexis account no longer works.

I feel I shall soon have withdrawal symptoms.

In any event, it's about time for this project to end. After all, Wormwood, while your journey through law school is beginning, it's time for me to go on about my life. There's still a little left I have to say, mostly about blogging, school, and a few observations to send you on your way. But even of that, there's not much. I'm going home to visit my parents this weekend, but I should be back to writing on Monday.

So by way of forewarning, Wormwood, you can expect the final entry of TYoH to appear one week from today, on Friday, August 25th. Now I just have to get everything in order. There is, of course, a project plan.

[1]: Incidentally, if I hadn't believed it before, this move would have convinced me that the Scion xB is great value for money. Over 30 miles to the gallon and I can fit massive amounts of cargo in the back.

August 02, 2006

Avoid HostingMatters.com: Recommendation for 1L-to-be-bloggers

There's a few entries I intend to write before shutting down TYoH, and one will be advice for 1L bloggers. This evening, however, I'd like to get ahead of myself by making one recommendation for any 1L-to-be out there that might be considering keeping a website diary of his or her law school experience: don't use HostingMatters.com as the web host.

Some of you may have noticed that De Novo is non-functional right now, despite the fact that they're hosting their annual "Survivor" competition to pick new authors. My regular readers might (a) recall that for various reasons I do a lot of support work for De Novo and (b) consider a major system failure in the middle of an annual competition to be a less than stellar sign of my competence.

Well, they'd be right on both counts, but only because I should have moved De Novo from Hosting Matters months ago. Yesterday at 1:55 PM, Hosting Matters sent an email to the site owner telling them that they'd be moving the site (from "Minerva" to "Niobe," for those that might have similar problems) in order to balance the servers. It's the single least competent site move I've ever seen. (And for reference, I used to work at a company that hosted commercial sites professionally.)

For over three hours today, you couldn't see De Novo at all. For the remainder of the time, the back end has been shafted beyond comprehension. Given Hosting Matters' limited set of site tools, I can't tell if the problem is that they've moved the site but not pointed it at the new database, or if they've somehow lost data during the site move. What I do know is that, as the site is now, I'm not sure I could move it to a new host in a functioning manner.

The response from Hosting Matters (which closed the ticket):

Your .htaccess had a typo in it:

deny rfom .idrc.org.sg

You would need to be more careful of your syntax. Removed.


Now, let's consider this from a techie perspective. Site working fine before moving servers, and then broken after. Is it an .htaccess problem? Well, maybe. Perhaps the new server interprets .htaccess files differently from the old one, I don't know (and Hosting Matters sure isn't interested in telling me). But then, if one is going to close the ticket, one might check to see that the site works. And sure enough, if you try to post a comment, you get:
You must define a Comment Listing template in order to display dynamic comments.

Does that look like a "my site can't find its templates after you moved servers" error? Why, yes, it does. (The site can't seem to find anything on the back end, either.) Does that seem to have much to do with an .htaccess file involving the Republic of Singapore? Well, let's put it this way: I just deleted the entire .htaccess file, and you still can't post to De Novo.

I'll admit, I'm not a programming genius, but it doesn't look like their "solution" had anything to do with the problem. Now, it would have been nice if they'd given more than nine hours of notice before the site move, as I could have run a backup, but that seems not to have occurred to them.

I've been hosting with Gradwell.com for three years, and while they might have a few downtime issues here and there, I've never experienced this level of absolute contempt from customer service. Ambimb seems to host the Blawgcoop at Dreamhost and hasn't given any complaints despite hosting multiple blogs on multiple platforms. On the other hand, I've dealt with a number of Hosting Matters clients over my time at Columbia, and it's inevitably been because they've made some alteration without allowing their customers time to react.

So dear Wormwood, the lesson to this is twofold. First, always backup information stored online in the same way one would backup your harddrive. Second, avoid Hosting Matters with the same degree of effort one would give to avoid being the subject of gunner bingo.

UPDATE: The "customer service" technician that De Novo is working with
seems to have a history. I have to say, this is singular in my experience. When a CS representative gets a reputation this poor online, a firm doesn't necessarily have to fire her (although that's advisable), but one might at least change the logon name.

UPDATE II: Things are working again. It appears that, contrary to their initial "assessment" of the problem, they failed to copy over all of the database tables from the new server to the old one. ( There may also have been an .htaccess issue (I can't be sure), but if so it arose with the server move as well.)

I have to say, the level of customer service with regards to this problem has been singular. The emails back and forth on this matter are . . . well, suffice it to say that if I'd ever behaved that way while working on tech support, I'd've been canned faster than spam.

July 31, 2006

Blogging Without Any Wires

Thanks to Randy and his new PhoneSharpMT, this morning's entries will mostly be brought to you by the Motorola Q.

June 12, 2006

Maybe All That Law Review Cite Checking Is Good For Something

Congratulations go out to Blogdenovo.org, which has just hit a milestone this blog never achieved: it's been cited in a Ninth Circuit dissent. (Hat tip to Volokh [1]) Better yet, the lucky blog gets mentioned as authority before the Harvard Law Review.

Of course, the opinion seems to imply that law student Sean Sirrine is a member of the defense bar. This will surely be news to his compatriots at De Novo, a blog that tries to keep a "law students only" policy. (Hence Jeremy Blachman and Chris Geidner are ex-members.) Such a misstatement leads one to think that the citation might have been a bit of a mistake on the part of the judge (or some poor clerk).

How did this happen? As of this writing, De Novo is the top hit for the term "U.S. v. Scott." I'd guess that this has something to do with it.

Entertainingly, not only was the citation factually incorrect, but it doesn't follow the Bluebook's horrible citation format for blogs. Not that the latter isn't all to the good.

[1] Disclosure: I've done some small writing for De Novo from time to time and give the occasional bit of tech support. Entry edited slightly for grammar and style.

Useless Tool of Spammers, or From the "There Oughta Be a Law" Department:

I'm getting really sick of "registration privacy" companies like DomainsByProxy.com. In theory, there's nothing wrong with companies like this. You use them to register your domain name, and in turn they register the domain and provide their contact information instead of yours. In the ideal world, this means spammers can't find your contact address through the WHOIS database and send you tons of spam.

In the real world it's a bit different: these services are probably more useful to spammers than their victims. If you're a blog owner, take a look at the WHOIS registrations for the sites mentioned in your blog spam. The majority, and probably the vast majority, of spam received by TYoH is now "anonymized" by services like DomainsByProxy. They host domains that are obviously tools of "black hat" search engine optimizers, and then stand in the way of anyone trying to contact the spammer (or his client). As a practical matter, the only way of getting contact information for this kind of account is to let loose the dogs of litigation. (And I can't believe DBP wouldn't turn a profit from that: check out the $75/hr. subpeona fee!)

At the end of the day, the battle over spam is all about cost. A spammer's calculations are roughly: what can I get for sending the bulk email/blogposts, how much will it cost me if I'm caught and what is the likelihood that I'll be discovered. Since few people will litigate over spam, the real cost is annoyance value to spammers and their customers: can one of the thousand spam victims convince a host to shut down a site, thus costing the spammer a few minutes of inconvenience in finding a new host? DomainsByProxy.com and its ilk make that sort of challenge a little less likely and a little more aggravating for the spam victim, and hence spamming a bit more profitable for the scumbag.

In fairness to DBP, they claim to take spam "seriously," though given my interaction with them so far it's hard to treat that claim with any real seriousness. There's no way to complain to them over the phone: despite being listed as "administrative" and "technical" contacts for the domains registered, the phone numbers provided will not connect you with anyone providing either service. (You can contact their billing department if you wish to pay them, of course, so the "billing" contact is at least accurate.) [1] So I've emailed their abuse department, and in a few minutes received the predictable automated reply:

If you can supply the information outlined above we will initiate our investigation immediately, thank you for your cooperation.

You're welcome. Of course, lack of contact with any named human being does not give one much confidence. Readers are welcome to leave guesses in the comments as to what "action" gets taken.

One interesting legal question comes up from all this. I copied a few other sites in adding the following text to my comment-pending pages:

The owner, user or affiliate who advertises using non-human visitors and leaves a comment or trackback on this site therefore agrees to the following: (a) they will pay fifty cents (US$0.50) to Anthony Rickey for every spam trackback or comment processed through any blogs hosted on threeyearsofhell.com, morgrave.com or housevirgo.com, irrespective of whether that comment or trackback is actually posted on the publicly-accessible site, such fees to cover my costs of hosting and bandwidth, time in tending to your comment or trackback and costs of enforcement; (b) if such comment or trackback is published on the publicly-accessible site, an additional fee of one dollar (US$1.00) per day per URL included in the comment or trackback for every day the comment or trackback remains publicly available, such fee to represent the value of publicity and search-engine placement advantages.

Now, I'm not sure if that's enforceable at all. (Actually, I should probably put it below the "submit" button on the comment form.) But supposing it is, I wonder if businesses like DBP might be held liable? And if we all used such T&Cs on our blogs, might enforcement become a realistic possibility?

[1]: In the non-legal sense, providing a contact number for technical matters that in no way leads to a technical contact is "lying." Whether this is actually illegal or constitutes fraud is, of course, not something I can comment on, being neither qualified nor willing to risk liability. In a non-legal sense, of course, it's shifty.

May 25, 2006

I'll Be Back

A combination of a broken notebook computer, a lack of internet connectivity and the start of BarBri season has kept me offline. Not only haven't I blogged, but my mailbox is clogged with about 2,000 spam emails. But come Sunday, our new apartment in DC should finally be wired for internet, and you'll be hearing a lot more from me.

April 05, 2006

Pre-Emptive Warning: TYoH May Close For Business Temporarily

I just received the following from my webhost:

Our sys-ops have had to stop a CGI script inside your folder path [path removed]cgi-user/mt/mt-tb.cgi. This script was majorly degrading performance across our entire hosting cluster by using up all the CPU time on every machine. . . . Please do not attempt to use this script until it has been fixed so that it does not hog power on the servers. If this situation arises again, especially if a duty engineer has be called out of hours, you may be liable for charges from Gradwell.

Looking at what they have recorded for my bandwidth usage, this seems fair. I can't figure out why, but usage seems to have jumped around 700% in March. I guarantee you that this isn't because of increased readership.

The long and the short of it is that this is either a problem with the MT-Blacklist Connector plugin (I installed it last month) or the result of some serious spamming. (My trackback spam is up quite a bit.) I can't see that there's a huge increase in actual readership in the last few months, so that's not the problem. Then again, spamming hasn't gotten that much worse either. Either way, I simply don't have the time to deal with it, so if the issue gets worth, I'll just have to take the site down.

As some of my readers know, I also host Chris over at Law Dork. Even with this strange bandwidth situation, I have enough to keep his site going (I hope). With any luck, this won't affect him. In the meantime, I'm shutting down my trackbacks, and if things don't improve, comments shortly thereafter.

Update: Actually, the jump in bandwidth seems to have occurred last November. I guess my host has been pretty tolerant.

Update II: OK, this officially beats my pair of jacks. I can't see that there's enough spam to cause the huge bandwidth issues occurring here; on the other hand, I know my readership hasn't grown that much. I'd think maybe I installed some script that's hogging huge amounts of bandwidth, but I can't think what that might be. Any help my readers can give would be appreciated... comments are still running.

Update III: I've made a few minor changes that, hopefully, will solve the problem. Apparently about 20% of my traffic (and most of my bandwidth) are going directly to comments and trackback pages. Hopefully this will fix the issue.

March 22, 2006

Now Back to MT Blacklist

As some readers have noticed, I've been having some trouble with comments recently. This blog gets about 100-150 spam comments per day that I see (and probably more that go straight to junk), and managing this has been a major thorn in my side for a while.

Thankfully, SixApart released a bevy of new plugins recently, one of which is the MT-Blacklist Connector for 3.2. This puts the fantastically easy-to-use Blacklist plugin back in operation, which means that hopefully I can cut down on the amount of time I spend fixing the blog and spend more time writing it.

In the meantime, if you've a spare moment and can post a comment here, please do. For those who are keeping track, this blog currently uses the following plugins to eliminate spam:


As always, if someone notices that something's not working, please don't hesitate to tell me.

March 13, 2006

Days When I Despair for My Side of the Aisle

Pace all of the right-wing triumphalism over the Army of Davids bloggers-correct-the-world schtick, there are times that blogs serve only to give dumb a megaphone. For my Democrat readers, here's a beacon of hope: conservatives are getting sloppy, a sure sign that we deserve to head back into the wilderness for a few years.

Today's episode of silly hysteria? The utterly unmemorable People's Cube [1], a conservative parody site, gets blacklisted by Google. Quick as a flash, they complain that it must be because someone at Google finds their conservatism offensive. Poor little picked on right-wing parody site being abused by the huge evil Search Engine Conspiracy!

Please. The People's Cube isn't big enough to hit the radar of a Google engineer, who would spend all day targetting this drivel if he for some reason wanted to get revenge for the Anti-Kerry Blogger Bash. The web is Douglas Adams-league huge, and if something happens with Google, nine times out of ten the answer's in an algorithm.

This story stunk like month-old milk in a dorm fridge. But like Saturday-night freshmen back from partying on Broadway, major right-wing sites such as Little Green Footballs, Michelle Malkin and Anti-Idiotarian Rottweiler grabbed that moo-juice and looked to find a good mixer. No fact checking. None of that Goliath-killing 'expertise.' Just headlines like "A Google Purge?" (Malkin) or "Google Purges People's Cube" (LGF).

As of this writing, only Little Green Footballs has linked to this article with a much more reasonable explanation. It seems that the People's Cube was either a victim of a spamming attack (maybe) or was more likely using invisible text in an attempt to boost itself up in the rankings for certain search terms. Far from being a victim of persecution at the hands of some left-wing BogeyCorp, it seems that the People's Cube likes to engage in a little black optimization of search engines. Google was right to drop it.

Which doesn't excuse Malkin, LGF or AIR. Search engine optimization isn't simple, but it's also not some dark area of mysticism impenetrable to intelligent man. All you had to do was look at the site--admittedly, in a site cache--and turn off the stylesheet to see what happened. Well, you'd have to do that and have some passing idea as to why some search engines drop sites, otherwise known as "having some limited idea what you're talking about."

Weren't these supposed to be the folks who check facts before making serious accusations? If they don't know how to do it, find someone who does before spouting off. Their linked source material magisterially claims that he "can think of only three reasons" for being dropped, all political. That's a good sign that your source is either (a) an idiot, (b) hiding something, or (c) hasn't thought hard enough for other possibilities. But it fit in with the current "wisdom" among certain conservatives: Google buddies up to China, so now it's evil corporate whore censor scum. As I've said before, when a story just happens to confirm your prejudices, that's just the time to check them.

There's all sorts of media bias against conservatives, but not here. This kind of carelessness makes me cringe. Sloppy fact-checking gives that much more ammunition for those who see blogs as nothing more than politically-charged echo-chambers and one more data point for liberals to point at when they want to call conservatives paranoid.

UPDATE: The original version of this article left the question mark off of Malkin's title. I've corrected this.

[1]: I'm not linking to them. I refuse to encourage the goofy ignorance of that site by adding my Pagerank to its listing. If you want to find the article, it's linked off of any of the other right-wing bloggers I list above. I know it's a bit rude to you, my readers, but I hope you'll allow me a "clean hands" defense.

March 07, 2006

Leiter Group Blog Shows Its Typical Preference for Keeping Its Own Facts

I have no idea what to make of this post by Benj Hellie at Leiter Reports other than to think that by adding more professors, Prof. Leiter's actually taken his blog even further from reality. Hellie is praising the power of the blogosphere to "expose" his opponents whilst completely ignoring the best practices of the same. For instance:

I didn't see the "My Pet Goat" footage until mid-2003, and at the time it was secret knowledge; now "no one anticipated the breach of the levees" is available for anyone on Crooks & Liars to expose Bush's lies after Brownie's attempted self-rehabilitation.

Any honest or competent blogger would at least include a link to the source of his quotation. (Near as I can tell, it's a close but incorrect misquote.) But worse, Hellie seems to completely ignore the correction the AP printed with regards to the story, which has been widely-remarked upon elsewhere. Decent analysis requires at least confronting opposing opinions, but Hellie makes no attempt to show that he even understands the difference between a breach and an overtopping of a levee.

Yet that's a minor point in comparison to the very first sentence, astounding in its self-importance:

What if the blogosphere hadn't come into existence only shortly after the Bush Gang takeover?

Ignore the slam at Bush: Prof. Leiter seems to require a certain number of those per hundred words to keep one's position as an author on the site. Since when did the blogosphere emerge in January, 2000 or even November 1999? Even Wikipedia notes that the word was coined before that fateful election, and blogs themselves had been around much longer. To take only one example, Livejournal started in March 1999 and was hardly the first kid on the block.

True, political blogging like Andrew Sullivan's didn't break out into the mainstream until 2001. Nevertheless, the 'sphere--even it it wasn't named as such--has an older pedigree than President Bush. If a blog starts in the forest and a philosophy professor isn't there to hear it, that blog still exists.

February 03, 2006

Cartoon Angst

From the political to the personal:

The right half of the blogosphere, at least, is in full-angst mode over Muslim reaction to a Danish newspaper publishing some cartoons of the Prophet. (Quick links for background, not political viewpoints.) Most disturbing are pictures of a protest in London from posts that show the worst side of both sides. On the one hand, it would be nice if CAIR directly and immediately addressed (and needless to say, condemned forthrightly) the actions of their co-religionists. On the other hand, the usual suspects are using a handful of loonies as an example of how Islam is not a "religion of peace." One could argue that proposition back and forth forever, I suppose, but it's worth pointing out that by the same standard, the English are a people who don't respect Winston Churchill because some anti-globalization activists decided to give him a mohawk. The few only occasionally speak for the many, though one sometimes wishes that the many would make their voice heard more clearly.

(Before anyone asks, what I mean is this: in that list of "to do" items in the CAIR list linked above, it would be nice if they said, "CAIR calls upon the imams of Great Britain to forcefully reject the demonstrators in London who advocated a violent response to these images." Yes, you can interpret such a position into their call to action, but it would be nice if it didn't require such subtle parsing. They've probably made the point before, and yes, it's probably tiresome. Given the context--not to say the calls for decapitation--it bears repeating.)

I feel sorry for the State Department, which is getting flack from all over the place for stating the obvious: the parties involved intentionally offended a religious group, and this is poor form. Sure, the state department didn't condemn Piss Christ (the new conservative comparison du jour, it seems) and Muslim newspapers aren't exactly known for their cultural sensitivity. But I'd think this is a golden rule example: treat others as you wish to be treated. Maybe it's optimistic to think that a State Department on the side of the angels will be able to exert some moral authority when it next condemns, say, Palestinian "artwork" glorifying a terrorist attack, but it can't hurt. (See UPDATE.)

Death threats are vile in the extreme and banning the cartoons (or punishing the publisher) is out of line. But I'd feel a lot more comfortable with my side of the blogosphere if it was clearer that they were worried solely about the free-speech concerns and not so much the demonization of a people of the Book.

I have my own cartoon anxieties at the moment. This week, Dilbert featured two strips in which the exasperated engineer rebuked two colleagues who asked him for advice fixing or setting up their home computer systems. I'm trying to decide whether I should be flattered or concerned that I received those two cartoons, predominately without comment, in emails or IMs from half a dozen of my fellow students. Optimistically, one might think they're referring to the fact that I like to fix people's computers when they've broken, and I get a lot of requests. On the other hand, maybe they're trying to tell me I'm becoming a grouch about it.

I think I'll take it in the best possible sense. There's enough trouble in the world of cartoons today.

January 30, 2006

Empirical Proof of TYoH Theorizing

When I said that the "evil" of Google going into China was directly proportional to the effectiveness of the filters (and thus not that evil at all), I didn't expect to see empirical proof so soon. As Paul Boutin points out, the filters can stop many things, but not poor spelling.

There's even better news for lovers of freedom. Somewhere in the depths of the Chinese Communist bureaucracy, some poor bureaucrat has received the sentence of Sysiphus. Day after day, he (or she) must amend the government's list of blocked terms and websites to encompass every possible misspelling, intentional or no. Maybe he has a crack team of random word generators working for him. Maybe he's on his own, concerned every day that his inevitable failure will lead to his unemployment, or worse.

OK, that's probably an overdramatic way of putting it, but the point stands: if the Chinese government wants to engage in this kind of futile effort, it's resources they can't put into more effective oppression.

(link via Instapundit)

January 06, 2006

"With Plenty of Room in the Margins"...

My task list has overrun my blogging recently. There's a lot that I want to write about, but I've been dealing with the fact that my hallmates left the kitchen a mess over vacation, and we now have a number of unwanted tenants. The kind that are about four inches long with short gray fur and whiskers.

While camping out at my girlfriend's, we were searching for an old school rap video (for purely nostalgia purposes), and came across this. About twenty minutes later, the urge to gouge my own eyes out with kitchen implements had gone away.

Given that the mice made me less willing to trek into the kitchen to get the necessary spoons, perhaps we can call it divine intervention.

(By the looks of it, the video isn't particularly new. The glory of the internet is that even if something isn't news, it can become news to anyone who missed it the first time. Thank you Google.)

December 24, 2005

How do you read TYoH?

First of all, Happy Holidays. If you're reading this today, you should probably be celebrating with friends and family instead. So ignore this until after you've drunk your fair share of eggnog. (I'm buying last-minute gifts online, so I have an excuse.)

Over the holidays I'm going to try to rebuild my templates a little bit. I managed about half a rebuild when I upgraded Moveable Type, but as you can see, the sidebar is a bit of a wreck. Additionally, things like Exam Watch are currently built in modules instead of templates, which means that every change requires a full-site rebuild.

Anyway, while I'm fooling around with the templates, I'm going to try to give you the option to read TYoH in two- or three-column mode. The three column templates would look much like a Typepad version of the present site. (See Leiter Reports or The Yin Blog for an example. Three-column mode won't have a fixed width: the window will be as wide as your browser.

Which brings me to how you read TYoH in the current two-column form. I've specifically built the site so that the readable area is about 750 pixels wide, a usability decision made because I knew some of my earliest readers have high-resolution monitors but read websites with the browser stretched to full-screen. For a lot of readers, I'd imagine this results in TYoH feeling narrow and cramped. When I'm redesigning, do any readers have any opinion on whether I should retain the fixed width?

December 19, 2005

When Blogs are Better than Law Reviews...

It's hard to walk across the quadrangle at Columbia these days and not hear someone talking about the NSA and wiretapping. If you want to be the envy of your watercooler friends, read Professor Orin Kerr's analysis and actually have some legal arguments on hand when the topic comes up. As Prof. Althouse says, "[A]t the very least fair-minded observers should see that the problem is complex. Cries that the program is blatantly unconstitutional (or obviously constitutional) should be recognized as unhelpful." (Someone tell that to Ambimb.)

Sadly, I have an evidence exam tomorrow and can spend little more on this. One thing bothers me about the story. The Times has hinted at new technologies being used in these wiretaps. Much like this blog, I wonder whether we can actually evaluate the legal situation when we don't know what technology is in use.

(My personal take, made brief as I should get sleep before my Evidence exam: as a political issue the wiretap story blows over in a week or two because what matters politically isn't so much what power is exercised as who exercises the power. If you trust the President, then he was using these taps against terrorists to prevent another 9/11: who needs those stinkin' warrants? If you think Bush is a chimp, you get on your constitutional high horse and worry about whether he's about to start sending every member of the Democratic National Committee to Gitmo. (See UPDATE)

Maybe I'm old, but I like to remember the '90s. When Clinton was in office, the sudden appearance in the White House of files on Republicans signalled the coming of Big Bubba . . . if you were on the right. If you were on the left, the fuss sprang from no more than a harmless paperwork error, or maybe even a bizarre coincidence: the flapping of a butterfly's wings in Karimnagar, the appearance of secret files where they shouldn't be. If every member of the Democratic Party now getting the vapors over FSIA had been so fastidious about privacy when Gore was proposing the Clipper Chip, Clinton wouldn't have had two terms.)

UPDATE: For a predictable example, we can always count on Professor "If I Don't Like It, It's Fascism" Leiter over at UT. No legal analysis--par for the course for the Report--but only the headline "Libertarians for Fascism" and an approving link to the typically uninformative Dadahead (who in turn is merely quoting Scott Lemieux). The latter two posts boil down to "[T]he legal question here is unambiguous." As for Leiter's opinion, he doesn't tell you what he thinks of statutory ambiguity, merely that it's fascism.

December 18, 2005

Congratulations to Chris

... who won the Best Law Blog award, beating out the Volokh Conspiracy. I'll have to admit I didn't vote for him (I don't vote in these things as a rule), but congratulations nonetheless.

December 12, 2005

Raising the Bar

I was mildly suprised to find that this blog has been cited in two law review articles. [1] That's nothing. Today I find out that group blog Sepia Mutiny has been mentioned in the Indian Parliament as part of a corruption sting.

I have no idea how I would even start matching something like that. . . .

[1] Carol M. Langford, Depression, Substance Abuse, and Intellectual Property Lawyers, 53 Kan. L. Rev. 875, 890 n.83 (2005) (citing Legal Depression); Manuel A. Miranda, The Memogate Papers: The Politics, Ethics and Law of a Republican Surrender, 9 Tex. Rev. Law & Pol. 147, 177 n. 105 (2004) (citing Ignorance is Bliss, and Apparently Not Criminal).

Having looked at the first article, I'm not entirely sure that my blog really supported those contentions.

December 06, 2005

Spyware PSA: "SpyAxe"

I've just helped a friend clean Spyaxe, a particularly nasty piece of spyware, off his computer. This little beasty took away several hours of his time he'd more profitably use studying for exams. In case any of my readers have this problem, I figured I'd post the fix here:

Symptoms: You have frequent popups and a little warning symbol in your Windows system tray saying something along the lines of "You are infected with spyware, click here for a removal tool."

Fix: I've not tried it myself, but there is a trusted solution at Nick's Computer Security. Use at your own risk.

By the way, if you're ever stuck with spyware and want to get it removed, the easiest way to find a fix is to Google for "[name of spyware] remove". I know it seems simple, but believe it or not that doesn't occur to a lot of folks. Two words of advice: alway read to the bottom of any removal forum (as earlier entries may have solutions that turned out to be false starts), and only take advice from blogs or bulletin boards that clearly address many spyware problems, like Nick's or Malwareremoval.com. (The latter is important because some spyware artists are now using websites that look like Spyware Removal tools.)

According to one site, the problem may not be Spyaxe itself but instead an overagressive affiliate using spyware to market the product. I'm not sure I buy that, but if it is, this highlights the common problem of rogue affiliates that plague so much of the internet. (For instance, much of the spam I get on TYoH is from affiliates of two major online gambling sites.) I've an interesting legal idea regarding this which I hope to be posting shortly.

More on the problem here.

November 23, 2005

Federalist Society Student Symposium 2006 to be held at Columbia, February 2006

Remember my criticism of conservative marketing last week, in which I complained that all too often conservative advertisements consist of little more than images of stuffy white males? Well, the website for the 25th Annual Federalist Society Student Symposium is now online and accepting registrations. The move away from portraits of the Founding Fathers is not entirely coincidental.

Sign up. It should be one heck of a party.

October 19, 2005

Quick Way To Eliminate a LOT of Comment Spam

I've been getting over 100 spam messages a day, almost all of the form:

You might be interested in

Notice two things: the spam message is included in H1 tags, and as a result it's extra-obnoxious, because it's very, very big. Spammers like to use H1 tags because Google and other search engines give words in those tags much more influence.

I tried getting Spamlookup to junk any link that included an H1 tag, but despite having told the plugin to junk anything with the string "<h1>", the spam kept on coming. Then, thanks to The Tweezer's Edge, I found the solution. You can read Tweezer for the precise whys and wherefores, but if you've been getting a lot of comment spam with H1 tags (about 99% of the spam I've received in the last three weeks, and over 1,000 false comments), here's what you need to exclude in the "Keywords to Junk" box of the "Spamlookup - Keyword Filter Settings" dialogue:

/<h1>/i

That's the appropriate regex entry. If you want it to be more powerful, put a space and a '4' after the 'i' in the string above.

September 29, 2005

Googling Delay

Yesterday, Tom Delay is indicted. My traffic almost doubles. I'd not actually linked the two events, and spent a while trying to see if I'd been Instalanched.

But apparently this entry is extraordinarily high in Google for such terms as Ronnie Earl political. That's not entirely surprising, I suppose, but there is some irony in scoring so well for how to get an indictment in Texas (not like I'd know) or support Ronnie Earl (not that I do).

Anyway, to those visiting, welcome and I'm sorry you'll find this is not really a blog about Texas politics.

September 26, 2005

A Quick Further Thought on the Echo Chamber

After writing one long piece on that NPI report on the left-wing blogosphere, one more thought sprung forth on its peculiar myopia. The report says of right-wing blogs:

Progressive blogs build communities of activists and generate new political activity online. Blogs and online organizations offer forums where people can actively engage in progressive politics - real involvement from people talking about politics, policy, organizing, their lives, etc. The degree to which progressive blogs encourage active engagement in political dialogue has fueled their rapid growth over the past several years.

The single most important difference between the blogospheres is this: the progressive blogosphere is introducing new actors into the political scene. The right-wing blogosphere is facilitating further organization of what was already a fairly coherent political world.


(emphasis omitted) This is myopia bordering upon the asinine. The authors of the report (one a blogger of MyDD.com) are ignoring the fact that both the left- and right-wing blogosphere is mostly made up of individuals writing their own stories. The Scoop-style sites (Kos, MyDD, TPMCafe) aggregate these in one site, while others are connected through blogrolls, RSS, or just links. Both sides of the debate are building communities, but they're using different methods.

Take the Dan Rather controversy that the authors so deride. Whatever one thinks of Instapundit, the players brought into the game by blogs weren't limited to "nodes" like Prof. Reynolds. Instead they included handwriting experts, computer specialists, and all sorts of other authors who prior to this only had a forum if a journalist or someone with access to the media chose to speak to them.

The trouble with the NPI report is that it's focusing on the top end of the blogosphere, as they define it. The interesting thing about the blogosphere is that even with the kind of Kos/Reynolds concentration in a few sites, there's still a lot of vitality in the small players. Not all the life of the network is in the nodes.

Echo Chamber

The left-wing New Politics Institute publishes "Emergence of the Progressive Blogosphere: A New Force in American Politics." It's echoed at The Huffington Post and then at Brian Leiter. Its message: the progressive blogosphere is now much larger, a much more potent political force, than the conservative one.

I never thought I'd see the left driven to jealous apoplexy over supposed conservative "dominance" of a medium. Some days the Gods of Irony shine their love upon me.

Given that almost anyone can start a blog, I doubt it matters much whose dog's bigger in this particular fight, but Leiter's commentary, as always, gives rise to a chuckle at the self-delusion of it. In putting forward his guess at why the left-wing blogosphere has grown more than the right recently:

My guess would be that the blogs "on the left" are actually fairly far to the left of the traditional media, so they provide an outlet and opportunity for points of view that are often invisible in the major media. The right-wing blogs (InstaIgnorance et al.) are, by contrast, largely echo chambers for the same conservative propaganda that is served up on Fox TV, the Wall Street Journal editorial page, Rush Limbaugh, and numerous other media outlets which already reach tens of millions of people. Since the right-wing blogs provide less new "perspective" and less new misinformation, they have not attracted as many new readers as the blogosphere has become better known. By contrast, many of the blogs "on the left" really do provide access to information and perspectives that are almost invisible in the mainstream media, from CNN to The New York Times to National Public Radio.

Except the report Leiter is citing is more political puff-piece than real internet research. If left-wing blogs are growing faster, it's mostly because they're catching up to a reasonable equilibrium. And indeed, reading the report with a critical eye, one sees that its data--what you can find of it--is jury-rigged. For the most part, the report is nothing more than bland generalizations and stereotypes:
Conservatives use the same tactics on blogs that they do in mainstream politics – attack the media and attack progressives. The right wing tends not to build independent online communities, using their existing offline communities to generate web sites that reinforce their politics and their ideology.

(emphasis in the original) Because the progressive blogosphere, after all, isn't known for attacking conservatives. There's also a pretty good paragraph in there about how right wing blogs are all whiny, but I'll let you read that yourself. Oh, and there's this joy:
The political successes of this community have been largely founded in manipulating media coverage. The two clearest examples are the John Thune bloggers in South Dakota, and the Dan Rather scandal.

(sigh) It will always amaze me the extent to which some people will shill for a forger and his abysmally ignorant victim. Anyway, the report then gives away the game as to why "the liberal blogosphere" is now so much bigger. It has nothing to do with Leiter's musings, and everything to do with the structure of the largest left-wing blogs:
Progressive blogs build communities of activists and generate new political activity online. Blogs and online organizations offer forums where people can actively engage in progressive politics. Below is an example of a digital community with comments – real involvement from people talking about politics, policy, organizing, their lives, etc.

(emphasis omitted) In other words, we're talking about DailyKos, and to a lesser extent things like TPMCafe.
According to research conducted by MyDD.com, as of July, 2005, the ninety-eight most trafficked progressive blogs totaled an amazing 15,181,649 page views per week, an average of over two million daily page views. That is over five times the size of the entire political blogosphere just two years ago.

By way of comparison, the top one-hundred and fifty conservative blogs had less than ten million page views per week during this period, and just over one million unique visits a day. In less than two years the progressive blogosphere had grown from less than as big as the conservative blogosphere, to nearly
double its size. Nowhere is this rise more apparent than in a direct comparison of the largest progressive and conservative sites.


The key thing to remember is that the New Politics Institute is comparing apples and oranges. As the report notes, DailyKos is a community site, not a single blog as such. Users can create accounts and diaries, and indeed are encouraged to do so. For instance, Terrance at Republic of T (on my blogroll) frequently cross-posts his writing to his Kos Diary.

(UPDATE: Another way to think about this is to quote from the DailyKos FAQ: "Diaries are coming in at nearly 200 a day these days, many of them widely judged to not be worth the effort." DailyKos thus isn't "one of the ninety-eight most trafficked progressive blogs," but is more than 98 blogs in and of itself.)

Measuring "visits" to such a site isn't a real sign of its influence, because many of the visits will simply be posts by users of that community, and many of these posts--due to its size, if nothing else--will be infrequently read. (In this sense, DailyKos is a lot like FreeRepublic, and that's not really a compliment.) So when the New Politics Institute compares traffic to Instapundit and DailyKos (see page seven of the report), they're underplaying the fact that Instapundit gets his traffic all on his lonesome. The New Politics Institute picked its criteria--presumably intentionally--in order to include traffic from what aren't really "top bloggers" (Terrance is much closer to my influence than Reynolds or Kos) in the left wing tally. If I read Ex Post, it's not really much different from an average Kos blogger reading another Kos blogger, but MyDD's report doesn't add us to Instapundit.

(UPDATE: As one of the commentors on MyDD mentioned, page views are a pretty bad metric when you're measuring apples and oranges in any event. FreeRepublic, for instance, is a bulletin board site, as is Democratic Underground. In reading a similar amount of content, you're likely to click through many times more pages on a bulletin-board site. Similarly, my RSS reader might hit Instapundit 12 times a day--once an hour. That gives him 12 separate visits, but doesn't mean I'm reading him as obsessively as the page views would suggest.)

A better, and much less biased, view of influence can be found in Technorati. Technorati measures influence in link behavior, or how many people are citing a given piece of writing. And here you find pretty much what you'd expect: Kos and Instapundit are pretty much dead level.

This isn't a slam on community sites: indeed, I'm a bit envious of TPMCafe and related ventures, and I wrote all throughout the last campaign as to how the left was using the internet to revolutionize its organization, to charge its grassroots, and to engage activists. These are all achievements, and I wouldn't mind seeing more right-wing community sites flourish. But the NPI report was obviously written to influence headlines and push the "rising lefty blogosphere" meme into the media. For those on the left more interested in reality than spin, just make sure you don't start believing your own press.

September 25, 2005

What Just Happened?

I know that lately it seems as if I spend more time tinkering with this blog than actually blogging. While it's a valid criticism, I think I finally have things to the point where I can develop on here instead of bugfixing. And for my readers, this weekend marks a turn towards actual coding responsibility on my part: I've set up a fully-functioning development site on MT, so that before I make any changes I can test them out. This is something I should have done two years ago when I started the blog, but then again, when I started this Moveable Type was a much simpler piece of software.

This probably won't be the last time I tinker with things before I shut down the blog, but at least everything I do from here on in should be development instead of bugfixing. For instance, I may mess around with making my comment individual entry archives generate dynamically. (For me, this wouldn't be a big plus, but for a higher-traffic website like Crescat Sententia, it might make a big difference, as the rebuild time on that site remains pretty severe, or at least it does whenever I ping it.) Likewise, MT's new stylesheet format presents a lot of intriguing options. Because TYoH's layout is now completely determined by layers, it might be possible for me to revise my stylesheets such that some styles are two-column and some three.

But in the short run, I've done enough programming for now. It makes a good break from work or writing, but I think it's time to get back to blogging about other matters.