Monthly Archives: August 2017

Title Testing Post

 

Will the title be saved? That is what we are testing. It didn’t work in the previous post until I shifted the main post text box to “visual” and even then it only saved one letter the first five times I tried. it. Maybe this will be better?

Will the title be saved? That is what we are testing. It didn’t work in the previous post until I shifted the main post text box to “visual” and even then it only saved one letter the first five times I tried. it. Maybe this will be better?Will the title be saved? That is what we are testing. It didn’t work in the previous post until I shifted the main post text box to “visual” and even then it only saved one letter the first five times I tried. it. Maybe this will be better? Continue reading "Title Testing Post"

Footnote Testing Post

A. Michael Froomkin, Blog Post, Discourse.net (2017).

Our footnote plugin has been abandoned, and WordPress advises against using it. 1 I’ve long believed that neither Paul Ryan nor Mitch McConnell were quite nuts enough to fail to extend the debt ceiling. It’s not even mainly that McConnell at least likely understands how terrible it would be for the US to default on its obligations. No, it’s that failing to pass a debt ceiling increase would be political suicide for Republicans. Their major claim (however undeserved) to the public’s trust — that Republicans are the party of fiscal probity — would be exploded for a generation or more.The new one has to work with both old footnote codes. It must respect both codes.

So I’ve been confident that if push came to shove McConnell runs something through by unanimous consent, or some other means. And I’ve been almost as confident that when Ryan finds he cannot tame the crazies in his own party, he accepts Democratic votes to get a majority. So while the debt ceiling vote is easily the biggest domestic political issue on the near-term horizon, and even today there is no obvious road from there to there (not to mention precious few legislative days when Congress is actually in session), I wasn’t worrying about it all that much. Continue reading "Footnote Testing Post"

Aut 23, 2017

Lewis Carroll, JABBERWOCKY, in Lewis Carroll, Through the Looking-Glass and What Alice Found There (1872).
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Test post to see why the comments have vanished.  Twas brillig, and the slithy toves Did gyre and gimble in the wabe: All mimsy were the borogoves, And the mome raths outgrabe. “Beware the Jabberwock, my son! The jaws that bite, the claws that catch! Beware the Jubjub bird, and shun The frumious Bandersnatch!” He took his vorpal sword in hand: Long time the manxome foe he sought — So rested he by the Tumtum tree, And stood awhile in thought.

And, as in uffish thought he stood, The Jabberwock, with eyes of flame, Came whiffling through the tulgey wood, And burbled as it came! One, two! One, two! And through and through The vorpal blade went snicker-snack! He left it dead, and with its head He went galumphing back. Continue reading "Aut 23, 2017"

Aut 23, 2017

Lewis Carroll, JABBERWOCKY, in Lewis Carroll, Through the Looking-Glass and What Alice Found There (1872).
admin

admin

Test post to see why the comments have vanished.  Twas brillig, and the slithy toves Did gyre and gimble in the wabe: All mimsy were the borogoves, And the mome raths outgrabe. “Beware the Jabberwock, my son! The jaws that bite, the claws that catch! Beware the Jubjub bird, and shun The frumious Bandersnatch!” He took his vorpal sword in hand: Long time the manxome foe he sought — So rested he by the Tumtum tree, And stood awhile in thought.

And, as in uffish thought he stood, The Jabberwock, with eyes of flame, Came whiffling through the tulgey wood, And burbled as it came! One, two! One, two! And through and through The vorpal blade went snicker-snack! He left it dead, and with its head He went galumphing back. Continue reading "Aut 23, 2017"

The Real World

My very first law professor, Bob Ellickson, once said to my Torts class: “You know how law professors do empirical research? They sit in a room and think very hard.”

That was in 1984. A lot has changed since then, partly because of pioneering work by Ellickson himself.1 Since 2012, more than 500 law review articles have included the word “empirical” in their titles, and probably hundreds more – including every item in the most recent issue of the Journal of Empirical Legal Studies – report or analyze empirical data without titular advertisement. Many of these papers feature linear regressions or other complex statistical analyses aiming to tease out relationships between variables. Yet there remains much value in research that simply but rigorously informs us of what actually happens in the real world. Understanding environmental law, like understanding the environment, begins with observing. This Jot acknowledges the contributions of two recent articles that help us see. Continue reading "The Real World"

The Real World

My very first law professor, Bob Ellickson, once said to my Torts class: “You know how law professors do empirical research? They sit in a room and think very hard.”

That was in 1984. A lot has changed since then, partly because of pioneering work by Ellickson himself.1 Since 2012, more than 500 law review articles have included the word “empirical” in their titles, and probably hundreds more – including every item in the most recent issue of the Journal of Empirical Legal Studies – report or analyze empirical data without titular advertisement. Many of these papers feature linear regressions or other complex statistical analyses aiming to tease out relationships between variables. Yet there remains much value in research that simply but rigorously informs us of what actually happens in the real world. Understanding environmental law, like understanding the environment, begins with observing. This Jot acknowledges the contributions of two recent articles that help us see. Continue reading "The Real World"

The Real World

My very first law professor, Bob Ellickson, once said to my Torts class: “You know how law professors do empirical research? They sit in a room and think very hard.”

That was in 1984. A lot has changed since then, partly because of pioneering work by Ellickson himself.1 Since 2012, more than 500 law review articles have included the word “empirical” in their titles, and probably hundreds more – including every item in the most recent issue of the Journal of Empirical Legal Studies – report or analyze empirical data without titular advertisement. Many of these papers feature linear regressions or other complex statistical analyses aiming to tease out relationships between variables. Yet there remains much value in research that simply but rigorously informs us of what actually happens in the real world. Understanding environmental law, like understanding the environment, begins with observing. This Jot acknowledges the contributions of two recent articles that help us see. Continue reading "The Real World"

Democracy Unchained

K. Sabeel Rahman, Private Power, Public Values: Regulating Social Infrastructure in a Changing Economy, 39 Cardozo L. Rev. 5 (forthcoming, 2017), available at SSRN.

In the mid-2000s, digital activists spearheaded the net neutrality movement to ensure fair treatment of the customers of Internet Service Providers (ISPs), as well as to protect the companies trying to reach them. Net neutrality rules limit or ban preferential treatment; for example, they might prevent an ISP like Comcast from offering exclusive access to Facebook and its partner sites on a “Free Basics” plan. Such rules have a sad and tortuous history in the US: rebuffed under Bush, long delayed and finally adopted by Obama’s FCC, and now in mortal peril thanks to Donald Trump’s elevation of Ajit Pai to be chairman of the Commission. But net neutrality as a popular principle has had more success, animating mass protests and even comedy shows. It has also given long-suffering cable customers a way of politicizing their personal struggles with haughty monopolies.

But net neutrality activists missed two key opportunities. They often failed to explain how far the neutrality principle should extend, as digital behemoths like Google, Facebook, Apple, Microsoft, and Amazon wielded extraordinary power over key nodes of the net. Some commentators derided calls for “search neutrality” or “app store neutrality;” others saw such measures as logical next steps for a digital New Deal. Moreover, they did not adequately address key economic arguments. Neoliberal commentators insisted that the US would only see rapid advances in speed and quality of service if ISPs could recoup investment by better monetizing traffic. Progressives argued that “something is better than nothing;” a program like “Free Basics” probably benefits the disadvantaged more than no access at all.

In his Private Power, Public Values: Regulating Social Infrastructure in a Changing Economy, K. Sabeel Rahman offers a theoretical framework to address these concerns. He offers a “definition of infrastructural goods and services” and a “toolkit of public utility-inspired regulatory strategies” that is a way to “diagnose and respond to new forms of private power in a changing economy,” including powerful internet platforms. He also gives a clear sense of why the public interest in regulating large internet firms should trump investors’ arguments for untrammeled rights to profits—and demands “public options” for those unable to afford access to privately controlled infrastructure. Continue reading "Democracy Unchained"

Democracy Unchained

K. Sabeel Rahman, Private Power, Public Values: Regulating Social Infrastructure in a Changing Economy, 39 Cardozo L. Rev. 5 (forthcoming, 2017), available at SSRN.

In the mid-2000s, digital activists spearheaded the net neutrality movement to ensure fair treatment of the customers of Internet Service Providers (ISPs), as well as to protect the companies trying to reach them. Net neutrality rules limit or ban preferential treatment; for example, they might prevent an ISP like Comcast from offering exclusive access to Facebook and its partner sites on a “Free Basics” plan. Such rules have a sad and tortuous history in the US: rebuffed under Bush, long delayed and finally adopted by Obama’s FCC, and now in mortal peril thanks to Donald Trump’s elevation of Ajit Pai to be chairman of the Commission. But net neutrality as a popular principle has had more success, animating mass protests and even comedy shows. It has also given long-suffering cable customers a way of politicizing their personal struggles with haughty monopolies.

But net neutrality activists missed two key opportunities. They often failed to explain how far the neutrality principle should extend, as digital behemoths like Google, Facebook, Apple, Microsoft, and Amazon wielded extraordinary power over key nodes of the net. Some commentators derided calls for “search neutrality” or “app store neutrality;” others saw such measures as logical next steps for a digital New Deal. Moreover, they did not adequately address key economic arguments. Neoliberal commentators insisted that the US would only see rapid advances in speed and quality of service if ISPs could recoup investment by better monetizing traffic. Progressives argued that “something is better than nothing;” a program like “Free Basics” probably benefits the disadvantaged more than no access at all.

In his Private Power, Public Values: Regulating Social Infrastructure in a Changing Economy, K. Sabeel Rahman offers a theoretical framework to address these concerns. He offers a “definition of infrastructural goods and services” and a “toolkit of public utility-inspired regulatory strategies” that is a way to “diagnose and respond to new forms of private power in a changing economy,” including powerful internet platforms. He also gives a clear sense of why the public interest in regulating large internet firms should trump investors’ arguments for untrammeled rights to profits—and demands “public options” for those unable to afford access to privately controlled infrastructure. Continue reading "Democracy Unchained"

The Discreet Charm of Conveyancing on the Blockchain

Jeanne L. Schroeder, Bitcoin and the Uniform Commercial Code, 24 U. Miami Bus. L. Rev. 1 (2016).

When Adam Levitin and I taught The Law of Money seminar a year ago, not one student chose to write about bitcoin. We congratulated ourselves on drawing young people hip enough to ignore the hype emanating from googly-eyed technophiles and smug pundits, and beefed up the readings on silver in 18th century China. The rude awakening came last spring, when bitcoin gobbled up half the class and forced me to wrestle with the problem of legal writing about financial innovation. Jeanne Schroeder’s lovely Bitcoin and the Uniform Commercial Code saved the day. The article reads at first like an old-fashioned doctrinal piece of the sort that have become rare. That would be valuable enough, but the bigger payoff for me was seeing a patient sifting of bitcoin through the UCC illuminate the work of legal institutions at the intersection of finance and technology.

Most students said that they wanted to write about fintech-y stuff because it was new and hot and law firms were all over it. However, defining “it” became a problem, especially for bitcoin. At a high level of generality, bitcoin is a protocol designed to extract, represent, and circulate value using a decentralized system for recording transfers (blockchain).1 Putting transfer verification in the hands of the public at large makes the blockchain hard to manipulate, and makes transfers faster and cheaper. Continue reading "The Discreet Charm of Conveyancing on the Blockchain"

The Discreet Charm of Conveyancing on the Blockchain

Jeanne L. Schroeder, Bitcoin and the Uniform Commercial Code, 24 U. Miami Bus. L. Rev. 1 (2016).

When Adam Levitin and I taught The Law of Money seminar a year ago, not one student chose to write about bitcoin. We congratulated ourselves on drawing young people hip enough to ignore the hype emanating from googly-eyed technophiles and smug pundits, and beefed up the readings on silver in 18th century China. The rude awakening came last spring, when bitcoin gobbled up half the class and forced me to wrestle with the problem of legal writing about financial innovation. Jeanne Schroeder’s lovely Bitcoin and the Uniform Commercial Code saved the day. The article reads at first like an old-fashioned doctrinal piece of the sort that have become rare. That would be valuable enough, but the bigger payoff for me was seeing a patient sifting of bitcoin through the UCC illuminate the work of legal institutions at the intersection of finance and technology.

Most students said that they wanted to write about fintech-y stuff because it was new and hot and law firms were all over it. However, defining “it” became a problem, especially for bitcoin. At a high level of generality, bitcoin is a protocol designed to extract, represent, and circulate value using a decentralized system for recording transfers (blockchain).1 Putting transfer verification in the hands of the public at large makes the blockchain hard to manipulate, and makes transfers faster and cheaper. Continue reading "The Discreet Charm of Conveyancing on the Blockchain"