Category: Law and Humanities

0

Roundup: Law and Humanities 02.05.16

An update on the Law and Humanities Scene, February 2016.

CONFERENCES

1.The Law and Society Association meets in New Orleans from June 2 to June 5, 2016. The theme of the conference is At the Delta: Belonging, Place and Visions of Law and Social Change. Registration opens in early February, 2016. More information is available at the conference website here.

2.The Association for the Study of Law, Culture, and the Humanities 19th Annual Conference takes place at the University of Connecticut Law School April 1-2, 2016. This year’s conference theme is Reading Race, Writing Race, and Living Race. More information is available at the conference website here.

3.The Kent Summer School in Critical Theory will run for the second time this year, in Paris, 13-24 June 2016. The website has just gone live.

This summer school for early career researchers and doctoral students aims to create a unique pedagogical experience, enabling leading critical thinkers to conduct an intensive 2-week seminar with members of a new generation of critical scholars.

Applications are now open to attend the summer school, and you will find application instructions on the website.

The teachers of the intensive seminars in 2016 will be Professor Samantha Frost, Professor James Martel, and Professor Bernard Stiegler. The website also contains information about the seminars, in addition to the school’s other events.

 

Read More

0

A Christmas Movie that Led to a Financial Reg (Sort of)

Trading Places is a Christmas movie in that it is set during the holidays and I suppose making hundreds of millions (or probably billions in today’s dollars) is a 1980s Christmas wish as compared to other Christmas wish movies. It is a heart-warming story of a young Eddie Murphy and Dan Akroyd taking on the entrenched elite by, oh well, by insider trading. The ending and the glory of frozen concentrated orange juice live on. First the full explanation of how the two manage to out maneuver the Dukes is a little tricky. But after the thirtieth anniversary a two years ago, a few places explain it nicely. NPR’s coverage is succinct. Business Insider is good and has better pictures. But the best is from Don’t Worry I am an Economist which has a step-by-step on short selling, and then applies it to the movie including explaining how the pricing worked (142 is in fact A $1.42 and 29 is $0.29 per pound but the contracts are for thousands of pounds thus “Trading begins at 102 cents per pound (at 15,000 pounds of F.C.O.J. per contract – size of a typical contract – the value of a single contract is $15,300).”.). So he shows that

How much have they made? Let’s see. In the movie Winthorpe says they’ve moved around 20,000 contracts. Assuming they’ve sold short at a constant pace from 142 down to 102, and that later they’ve bought them back while the price was falling from 46 down to 29, let’s say that the average sell price was around 122 cents per pound, where the average buy-back price was 37.5 cents per pound. The spread is therefore 122 – 37.5 = 84.5 cents per pound profit. Per single contract this is 15,000 pounds * 84.5 cents per pound = $12,675 per contract. Multiply this by roughly 20,000 contracts and their total profit was: $253,500,000.

Oh and here is the law and regulation part: The movie was explicitly invoked as the Eddie Murphy rule when the government finally made insider trading on the commodities market illegal. Per the WSJ when the rule passed CFTC Chief Gary Gensler explained:

We have recommended banning using misappropriated government information to trade in the commodity markets. In the movie “Trading Places,” starring Eddie Murphy, the Duke brothers intended to profit from trades in frozen concentrated orange juice futures contracts using an illicitly obtained and not yet public Department of Agriculture orange crop report. Characters played by Eddie Murphy and Dan Aykroyd intercept the misappropriated report and trade on it to profit and ruin the Duke brothers. In real life, using such misappropriated government information actually is not illegal under our statute. To protect our markets, we have recommended what we call the “Eddie Murphy” rule to ban insider trading using nonpublic information misappropriated from a government source.

Law and lit and reg I guess. Anyway Merry Christmas and in the words of Nenge Mboko “Merry New Year.”

0

Cyberpunk Because You Forgot to Get Someone a Gift

OK Cyberpunk can be great for a range of reasons, but I saw this repost from i09 on The Essential Cyberpunk reading list and thought, “A great list with some books I have not read. Wait! It’s a list for folks who need to send a just in time Christmas gift (assuming they are available as eBooks, which I know some are). I easily recommend Neuromancer, Snow Crash, and Mirrorshades. I look forward to reading the rest (Accelerando did not work for me but I may try it again). Plus this genre really does a great job of positing worlds and issues that are pressing the tech-law space right now, so that is another reason to jump in.

4

Philip K. Dick – Most Important SciFi Author of the 20th Century?

Philip K. Dick may be the most important sci-fi author of the 20th Century akin to Verne and Wells in vision and contemporary relevance well after they wrote. Do Androids Dream of Electric Sheep (Blade Runner), We Can Remember It For You Wholesale (Total Recall, twice), Minority Report (Minority Report, film and TV), Paycheck (Paycheck), A Scanner Darkly (A Scanner Darkly), Adjustment Team (The Adjustment Bureau), and now The Man in the High Castle as an Amazon TV show is just a partial list of Philip K Dick’s work that has been adapted. Although Amazon does not usually release its streaming numbers, The Man in the High Castle has become its “most-streamed original show, overtaking shows like the detective-centric Bosch and Jill Soloway’s feted dramedy Transparent.” The popularity is not the point. As a fan of Dick’s work Ubik and even Valis (though that one is much work to read) both of which have not been adapted to the screen, I am saying that Dick’s novels and short stories did what great sci-fi does. They use technology and maybe some fantasy to comment on where society is headed and how things might evolve. I think it was Dan Solove who once said to me that Dick’s work fits his era, and others in, I think Dan said, the New School were working on the same ideas (apologies, Dan, if I am mistaken about what you said). Regardless of who or what school treads the same area as Dick, for me something about his work catches attention and highlights the way we live more than others.

Take Do Androids Dream of Electric Sheep, the movie is a good adaptation in that it hits themes rather than trying to stay true to the precise way the novel works. The novel has great stuff on machines to dial up a mood. People use it to stimulate anger, happiness, etc. as the situation requires. Did that presage mood drugs and more? Sort of. Did it hit on how we choose to live and ideas of what is authentic life and emotion? Yes. Should we take the messages about the world as reflecting reality today? No.

Although law and literature can, and maybe should, use literature to help understand an idea, saying that the world is now just like Minority Report or some other work is a reach. Using a film or novel to say something is a concern or to illustrate ideas of Orwellian, Kafkan, or other futures and that we wish to ask whether that is real can help. But the key is to rally the facts that show that those fictions are now a reality or that facts are in place that open the door to dystopia. Speaking of dystopia, I wonder how often people use fiction to say that the world or a technology is leading us to a better place. In my experience legal scholars tend to dismiss upbeat outlooks as naive or “just so” stories. I am not sure that Dick is dystopian. But in general if folks have examples where literature or film are examples of a good outcome from technology, please share.

Nonetheless, I offer Philip K. Dick in all his messy glory as my choice for Most Important SciFi Author of the 20th Century.

2

Can We Tolerate Tolerance?  

This is the third in a series of occasional short essays about free speech in America. Earlier installments can be found here and here.

We live in a tolerant society. Of course, that is an exaggeration. But when it comes to so many flashpoint issues – ranging from blasphemy to race-hate speech – we are far more tolerant than almost all other nations, so much so that we are routinely criticized for being too tolerant. It is our badge of honor . . . and dishonor.

Professor Mark Lilla

Professor Mark Lilla

Mindful of the events in France and Denmark earlier this year, I wonder: Will we continue to tolerate toleration if our world takes a terrible turn? My question has less to do with what is being tagged as the “terrorist’s veto” than with a more complex problem, and one therefore even more difficult to resolve. This problem occurred to me when I first read an eye-opening essay by Mark Lilla in the New York Review of Books, an essay entitled “France on Fire.” Here is a very brief excerpt:

“For the past quarter-century a political and intellectual culture war over the place of Islam in French society has been bubbling along, and every few years some event — a student wears a burka to school, riots erupt in a poor neighborhood, a mosque is attacked, the National Front wins a local election — renews hostilities.”

I want to extrapolate from that essay (at once insightful and provocative) in order to outline a phenomenon that may be hurling our way, a phenomenon related to toleration and dissident speech.

Before I do, however, let turn to the glorious side of the toleration equation by way of a well-known case, West Virginia State Board of Education v. Barnette (1943). Recall the Jehovah’s Witnesses’ flag-salute case, the one with that liberty-inspiring majority opinion by Justice Robert Jackson. In words that should be fixed in every lawmaker’s consciousness, Jackson declared: “Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.” The judgment in that case affirming First Amendment freedom is all the more amazing given that it was rendered in wartime and involved a religious sect that was then very much hated in various quarters of American society. (See Shawn Francis Peters, Judging Jehovah’s Witnesses: Religious Persecution and the Dawn of the Rights Revolution (2000).)

The (Hypothetical) Problem

Against that backdrop, imagine the following scenario. Assume that the editors of a respectable libertarian magazine elected to publish several satirical cartoons of the Prophet Muhammad in order to make a First Amendment point and to take a stand against the “terrorist’s veto.” Assume thereafter that the Charlie Hebdo incident replayed itself in Cincinnati (the headquarters of my hypothetical magazine). Ten people who work for the magazine are murdered and two Muslim extremists take credit. Both of the terrorists are later killed in a shootout with police that also results in the deaths of two local police officers.

Here is where I begin to extrapolate from Professor Lilla’s essay. Now assume the following additional scenarios, replete with a few quotations from the Lilla essay”

  1. The Governor of Ohio calls for a moment of mourning with heads bowed on the day following the tragedy (say, the time is 11:00 a.m.);
  2. A “noticeable number” of Muslim public high school students in Cincinnati refuse, on religious and political grounds, to bow their heads;
  3. “And not only that. Some [tell] their teachers that the victims got what they deserved because no one should be allowed to mock the Prophet”;
  4. “Others celebrate the killers on social media, and circulate rumors that the entire crisis was manufactured by the government and/or Zionist agents”; and
  5. The parents (some of whom work for state and local governments) of some of these Muslim-American students speak openly (though not at work) to defend their children and endorse the positions they took.

Note that the Muslim-Americans in the above scenarios were otherwise peaceful and law abiding. And some Muslim-American leaders sought to counteract the messages of the violent extremists among them. That said, let me stir the pot a bit more with a few more scenarios and related questions:

  1. So far as government entities are involved, how far are we willing to go to accommodate (culturally, statutorily, and constitutionally) the religious views of the more observant and separatist Muslim-Americans who harbor what we would see as extreme views concerning homosexuality, female purity, and Jews and Israel?
  2. Finally, let me again from quote Professor Lilla to raise a final question: Some “students and their parents demand separate swimming hours or refuse to let their children go on school trips where the sexes might mix. . . . There are fathers who won’t shake hands with female teachers, or let their wives speak alone to male teachers. There are cases of children refusing to sing, or dance, or learn an instrument, or draw a face, or use a mathematical symbol that resembles a cross. The question of dress and social mixing has led to the abandonment of gym classes in many places. Children also feel emboldened to refuse to read authors or books that they find religiously unacceptable: Rousseau, Molière, and Madame Bovary. Certain subjects are taboo: evolution, sex ed, the Shoah. As one father told a teacher, ‘I forbid you to mention Jesus to my son.’” Does our commitment to religious freedom extend that far so as to accommodate the genuine religious views of those who hold them?

Let me be clear: I do not mean to demean Muslim-Americans as a class, nor do I wish to be understood as saying the above scenarios mirror the sentiments of most Muslim-Americans . I trust they are not. Then again, I may disagree with some of them, and sometimes vigorously, on several of the issues flagged above. But I also believe in toleration, and the ever-present need to be sensitive to the plight of minorities of all ideological, political, and religious stripes.

So where does that leave us?

Testing Our Tolerance Read More

0

Roundup: Law and Humanities 10.20.15

A quick view of the Law and Humanities landscape, mid-October 2015.

Conferences

First, we are looking forward to a couple of notable conferences next year. The Association for the Study of Law, Culture, and the Humanities (ASLCH) 19th Annual Conference will take place at the University of Connecticut Law School April 1-2, 2016. This year’s conference theme is Reading Race, Writing Race, and Living Race. The deadline for submitting paper and panel proposals is extended until October 22nd. More information here at the conference website.

Another notable conference is the Law and Society Association Conference. This year LSA will hold its meeting in New Orleans from June 2-5, 2016. This year’s theme is At the Delta: Belonging, Place and Visions of Law and Social Change. The submission deadline for papers and panels has been extended to October 25. More information here at the LSA website.

In addition, AALS will have several interesting law and humanities-themed sessions.  The AALS Law and Film Committee presents as its feature film selection this year, Wednesday, January 6 at 7:30 p.m., Reversal of Fortune. This movie, based on the nonfiction account of the case by Alan Dershowitz of Harvard Law School, who represented Claus von Bulow, convicted of attempted murder of his wife Sunny, in his attempt to obtain a new trial. The film stars Jeremy Irons as von Bulow and Ron Silver as Dershowitz. On Friday, January 8, also at 7:30, the Committee presents the documentary film The Hunting Ground. This 2015 film, made by Kirby Dick and Amy Ziering, investigates the explosion of campus rape and the repeated failure of many university officials to address the problem.

The Law and Humanities Section presents its panel at 10:30, January 9. This year’s presentation is on Law and Images. The Law and Interpretation Section presents its panel on January 9 at 4:30. Its theme is the Empirics of Legal Interpretation.  The Legal History Section presents its panel at 1:30 January 9. Its theme is 800 Years of Comparative Constitutionalism: The Unique Legacy of Magna Carta.

 

Read More

0

Roundup: Law and Humanities 07.30.15

There’s a lot going on in law and the humanities these days. Here’s a sampling.

First, an opportunity for publication:

Fairleigh Dickinson University Press invites the submission of proposals for books, monographs, or essay collections in the interdisciplinary fields of humanistically-oriented legal scholarship for the series The Fairleigh Dickinson University Press Series in Law, Culture and the Humanities.

Possible topics range from scholarship on legal history; legal theory and jurisprudence; law and critical/cultural studies, law and anthropology, law and literature, law and film, law and society, law and the performing arts, law and communication, law and philosophy, and legal hermeneutics.

Proposals must include: a description of the issue/s you intend to explore and the method/s you will use; a comparison and contrast with existing books on similar or related topics; a table of contents and a precis of what each chapter aims to cover; a description of the book’s target market/s; the author’s/authors’ or editor’s/editors’ curriculum vitae; if it is a collection of essays, a compiled and alphabetized list of short biographies of prospective contributors, and a list of three experts in the field capable of assessing the value of the project.

The series also welcomes submissions of completed monographs and essay collections; kindly make an inquiry prior to sending over the completed book or collection of essays, together with the author’s curriculum vitae and three suggested experts, if you are the author/authors. If you are an editor/editors of a completed collection of essays, please include a compiled and alphabetized list of short biographies of prospective contributors, together with your curriculum vitae and list of possible experts. Essay collections must be of previously unpublished material. Conference sessions, properly edited and often expanded by calls for papers, into essay collections, are also welcome.

Referees may or may not be from the submitted list of suggested experts. The series benefits from the advice of an international board of leading scholars in the field. Proposals may be sent to:

Caroline Joan S. Picart, Ph.D., J.D., Esquire
Tim Bower Rodriguez, P.A.
601 N. Ashley Drive, Suite 310,

Tampa, FL 33602

Email: cjpicart@gmail.com

Read More

Is the Happiness Industry Creating Algorithmic Selves?

In a recent podcast called “Thinking Allowed,” host Laurie Taylor covered two fascinating books: The Wellness Syndrome, and The Happiness Industry. One author discussed a hedge fund that’s now managing what it calls “biorisk” by correlating traders’ eating, drinking, and sleeping habits, and their earnings for the firm. Will Davies, author of The Happiness Industry, discussed less intrusive, but more pervasive, efforts to assure that workers are fitter, happier, and therefore more productive. As he argues in the book,

[M]ood-tracking technologies, sentiment analysis algorithms and stress-busting meditation techniques are put to work in the service of certain political and economic interests. They are not simply gifted to us for our own Aristotelian flourishing. Positive psychology, which repeats the mantra that happiness is a personal ‘choice’, is as a result largely unable to provide the exit from consumerism and egocentricity that its gurus sense many people are seeking.

But this is only one element in the critique to be developed here. One of the ways in which happiness science operates ideologically is to present itself as radically new, ushering in a fresh start, through which the pains, politics and contradictions of the past can be overcome. In the early twenty-first century, the vehicle for this promise is the brain. ‘In the past, we had no clue about what made people happy – but now we know’, is how the offer is made. A hard science of subjective affect is available to us, which we would be crazy not to put to work via management, medicine, self-help, marketing and behaviour change policies.

The happiness industry thrives in a culture premised on an algorithmic model of the self. People (or “econs“) are seen a bundle of inputs (data collection), algorithmic processes (data analysis), and outputs (data use). Since the demands of affect can only be extirpated in robots, the challenge for the happiness industry is to optimize some quantum of satisfaction for its human subjects, compatible with their maximum productivity. Objectively, the algorithmic self is no more (nor less) than the goods and services it uses and creates; subjectively, it strives to convert inputs of resources into outputs of joy, contentment–name your positive affect. As “human resources,” it is simply raw material to be deployed to its most profitable use.

Audit culture, quantification (e.g., the quantified self), commensuration, and cost-benefit analysis all reflect and reinforce algorithmic selfhood. Both the Templeton Foundation and the Social Brain Centre in Britain are developing some intriguingly countercultural alternatives to big data-driven behaviorism. As he highlights the need for such alternatives, Davies deserves great credit for exposing the political economy behind corporate appropriations of positive psychology.

0

ROUNDUP: Law and Humanities 05.20.15

LAW AND POPULAR CULTURE IN LEGAL EDUCATION

The Spring 2015 issue of the New Mexico Law Review is devoted to the TV show Breaking Bad. Here’s a link to the issue’s intriguing contents, which includes such articles as Max Minzer’s Breaking Bad in the Classroom, Elizabeth N. Jones’ The Good and (Breaking) Bad of Deceptive Police Practices, and Jennifer W. Reynolds’ Breaking BATNAS: Negotiation Lessons From Walter White. The Wall Street Journal took note here; law and pop culture seems to have gone decidedly media mainstream.

 

LAW AND LITERATURE IN THE COURTROOM

On May 11, Supreme Court Justice Ruth Ginsburg presided over the competency trial of Don Quixote at Washington, D.C.’s Shakespeare Theatre Company’s Sidney Harman Hall. Assisting her were her colleague Justice Stephen Breyer and Chief Judge Merrick Garland and Judge Patricia Millett of the U.S. Court of Appeals for the D.C. Circuit and Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia.  Tony Mauro of the Blog of Legal Times provides coverage here.

The Quixote case is the latest in a series of law and humanities-inspired moot courts, beginning in 1994, that the Bard Association of the Shakespeare Theatre Company has hosted.  More here.

 

 

 

 

Read More

0

ROUNDUP: Law and Humanities 04.16.15

New Books

New books of interest to law and humanities folks include Robert P. Burns’  Kafka’s Law: “The Trial” and American Criminal Justice (University of Chicago Press, 2014).  Here’s a description from the publisher’s website.

The Trial is actually closer to reality than fantasy as far as the client’s perception of the system. It’s supposed to be a fantastic allegory, but it’s reality. It’s very important that lawyers read it and understand this.” Justice Anthony Kennedy famously offered this assessment of the Kafkaesque character of the American criminal justice system in 1993. While Kafka’s vision of the “Law” in The Trial appears at first glance to be the antithesis of modern American legal practice, might the characteristics of this strange and arbitrary system allow us to identify features of our own system that show signs of becoming similarly nightmarish?
If you’d like to keep up on new books in the legal area, check out the New Books in Law twitter feed: https://twitter.com/NewBooksLaw.

Read More