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Saddam’s Host of Lawyers

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Via Drudge, I hear that 1,100 lawyers are leaving Saddam Hussein’s defense team because of security fears. But Saddam’s trial will go on.

I lack expertise in the Iraqi security situation and legal system, and so I’m left with a (perhaps naive) question: why does Saddam need over a thousand lawyers? [And how did the team apparently grow by 1,089 lawyers over a few weeks?] Only three explanations come to mind.

1. Saddam plans to mount a meticulous defense to the charges on the merits, and needs hundreds of attorneys to comb through the evidence against him, interview witnesses, and develop a coherent legal strategy.

2. Saddam plans to win at trial by hook-or-crook, and has employed a host of lawyers as a first step in rebuilding his empire of patronage and client relationships.

3. Saddam is not in control of his legal team. The person who is plans to use the opportunity as first step in building an empire of patronage and client relationships.

Possibility #1 is a joke; #2 is delusional; #3 is just sad.

4

Rating Academic Reputation

book17a.jpgThere’s lot of talk recently about how to rate an academic’s reputation. As scholars, we’ve devoted extensive thought and discussion to the issue. Some ingenious techniques we’ve devised:

1. Count citations to a scholar’s work. Of course, for the reasons Brian Leiter documents, citation counts aren’t an indication that a particular article is any good. Jack Balkin and Sanford Levinson have a hilarious discussion of the foibles of citation counts in their article, How to Win Cites and Influence People, 71 Chi.-Kent L. Rev. 843 (1996). They write, for example:

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Sony DRM: Singing the Blues

sonybmg2.jpgTalk about a backfire. A brief update on a story I previously blogged about a week ago. Sony attempted to install hidden DRM software into the computers of its CD users. A blogger criticized the software, setting off a firestorm of attention that has had Sony reeling ever since. The latest news:

1. Hackers and virus makers have been exploiting the Sony software as a vulnerability because it’s hidden.

2. Sony has stopped using the software.

3. Microsoft will update Windows to delete the Sony software.

4. Lawsuits are on the way.

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FTC: Letting Experian Keep the Spoils

ftc.bmpSuppose a company engages in an unfair and deceptive trade practice. It makes about $1 billion. The FTC investigates. A settlement is reached for a fine of $1 million and refunds to only some customers — yeilding a net penalty of several million dollars — just a fraction of the spoils. That’s deterrence . . . FTC style!

I recently blogged about how the credit reporting agencies were attempting to use their legal obligation to provide people with free annual credit reports as a profit-generating tool instead. Apparently, the rather extreme measures I described in my post are tame compared to what privacy expert Bob Gellman describes in a DM News column:

The FTC charged that, starting in 2000, Experian deceptively marketed free credit reports by not adequately disclosing that consumers would automatically be signed up for a credit report monitoring service costing $79.95 annually if they didn’t cancel within 30 days. The settlement was reported in the Aug. 15 issue of DM News. The case began with a complaint filed by the Electronic Privacy Information Center and with a report from the World Privacy Forum.

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Images of Property in American Landscape Art

For a number of years I’ve been giving a lecture at the end of the year to my property students about images of property (and particularly development of property) in landscape art. It’s a fun talk, which I give when I realize that folks are tired after nearly a year of law school and need a break from the typical routine. I got the idea from Leo Marx’ Machine in the Garden and then refined it while reading Angela Miller’s Empire of the Eye. I often begin with a quote from Ralph Waldo Emerson’s Nature. Something along the lines of:

The charming landscape which I saw this morning, is indubitably made up of some twenty or thirty farms. Miller owns this field, Locke that, and Manning the woodland beyond. But none of them owns the landscape. There is a property in the horizon which no man has but he whose eye can integrate all the parts, that is, the poet. This is the best part of these men’s farms, yet to this their warranty-deeds give no title.

Then I begin to show some ways that American artists have depicted (and celebrated) our development of land. I use George Inness’ Lackawana Valley (shown below). Look at the machine going through the the fields of cut-stumps; the railroad roundhouse in the background; the smoke stack even further off; what a strange juxaposition (it seems at first) of humans and nature. While it seems strange at first, my point is that landscape art is part of the celebration of human’s use of land.

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Does Yale Law School Owe Anything to Alito?

yls.bmpA New York Times article queries whether Yale Law School has been institutionally too harsh to its former professors and alumni who are nominated to the U.S. Supreme Court. Robert Bork was a former Yale Law School faculty member and Justice Thomas was a Yale Law School alumni. Supreme Court nominee Judge Samuel Alito is also an alumni.

According to the article:

Faculty members testified on both sides both times. But the school was generally opposed to their nominations, said professors, students and alumni. Justice Thomas was thought to be unqualified, and Judge Bork’s views were considered too extreme.

In his 14 years on the Supreme Court, Justice Thomas, of the Yale class of 1974, has refused to return here, and Judge Bork, who was on the faculty for 15 years, chortles during speeches when he cites “a bit of populist wisdom” he once saw on a bumper sticker: “Save America. Close Yale Law School.” . . . .

The two earlier conservative nominees may never overcome their anger at what they considered the school’s disloyalty, said Steven Brill, a legal journalist, entrepreneur and law school classmate of Judge Alito’s.

“They both think,” Mr. Brill said, “that the law school betrayed them.”

I find the suggestion here rather odd. Is Yale Law School supposted to support every graduate nominated for the Supreme Court or running for political office? Is this a duty that a law school owes its alumni?

I think not. The faculty and students of a law school should decide on the merits of the Alito nomination without putting a special thumb on the scale because he has a connection to the school. This isn’t a betrayal because I don’t believe there’s any duty owed. Each professor and student is an individual who can make up his or her own mind. And just because many professors at a school take a particular position doesn’t mean that this is the institution’s position. In fact, if things were different — if professors and students were to feel any obligation (however slight) to support a nominee because he or she has an institutional connection — then I’d be very worried about the independence of thought at the school.

Hat tip: Althouse

4

Sex Sells Contracts: Why Not Securities Law?

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The ContractsProf Blog recently posted about “Sex and Contracts.” Frank Snyder notes that the post resulted in a huge traffic spike. “There’s a lesson there,” he concludes. There sure is.

I could (as this blog did) identify a case or so that directly appeals to your prurient interest in the topic. But maybe the better path is to take a step back, and consider a more academic question.

Let us assume that you, a general counsel, have just learned that your CEO is having a consensual affair with a subordinate. Also assume that the corporation has recently stated, in a regular reporting statement, that its management team is “cohesive, ethically sound, and 100% committed to shareholder value.” [Note: this is entirely hypothetical]

Putting aside other considerations, is it likely that a court or jury would find it materially misleading to have omitted disclosure of the affair?

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Back from the Hiring Conference

I just returned from the AALS hiring conference. Temple saw some wonderful folks, including several confessed readers of this blog.

Because of the swirl of events, I didn’t get to see others who I would have liked to, even though I did mill around the Friday night reception for that very purpose! (For a pre-conference take on whether going to such receptions makes sense, see here.) Despite Al and Mike‘s fashion tips, I admit to not wearing a tie. And that is about as much as I think I can say about the experience, as the deliberative process privilege probably applies to the rest of what went on.

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Academic Blogging Scandal

bitchphd2.jpgA developing case about academic bloggers contains a chorus of major issues swirling in the blogosphere: the career consequences of blogging, moderating blog debates, hot-button political issues, and defamation.

The case involves Paul Deignan, an engineering PhD candidate who has a blog called Info Theory. Deignan got into a debate with the anonymous blogger Bitch Ph.D. over abortion. Deignan is pro-life; Bitch Ph.D. is pro-choice. They exchanged posts on their mutual blogs, and Deignan also placed a comment on one of Bitch Ph.D.’s posts.

As reported by Inside Higher Ed:

Then he posted a seemingly innocuous entry on the Bitch Ph.D. site: “Your linking talking points w/o analysis. Already I see several points that are exaggerated and misconstrued without even needing research…”

Feeling that this comment and subsequent ones from Deignan did not qualify as “substantive debate,” she soon deleted his comments and banned him from her site. Her policy states, “Comments are great; obnoxious comments get deleted. Deal.”

If this were all, the story would be just a typical tale of the blogosphere. But things got much uglier:

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6

Want better student evaluations?

uvabuilding.jpgI read an advertisement for the University of Virginia’s Darden School of Business Administration in the US Airways magazine recently, headlined “The best professors in the World don’t like hearing themselves speak.” The advertisement continued, “To develop great communicators and leaders we ask students to, quite simply, communicate and lead. That’s why Darden professors spend the least amount of time lecturing of any of the top MBA programs. We believe this is one reason the Princeton Review ranked our professors the #2 teaching faculty in the nation.”

So, to improve teaching scores, talk less. Hmm, something to think about as I prepare for class today.

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