Thursday, December 21, 2006

I got nothing for ya...

I thought to myself, "Once I finish finals, I'll have all this time to write on my blog." All fine and dandy, except for the fact that I have nothing to say. Apparently, my brain is on hiatus until January. I may have something here and there over the Holidays. But most likely, for the three of you that read this, you will just have to wait until 2007 to get more traditional notions. Please, don't try to talk me out of it.... I know it will be hard for you to make it through without me, but I will be back.

I'm off to Alabama to the GF's family for Xmas, then on to our annual General Bacchanalia in North Carolina for New Year's. Happy Holidays!

Monday, December 18, 2006

Assorted tidbits

1) Abe Foxman has called Jimmy Carter a bigot. That's right.... Jimmy Carter. Bigot. According to the head of the Anti-Defamation League. Are you kiddin' me, Abe? Jimmy's sin was to compare the current state of affairs in Israel to the apartheid suffered in the US under the "seperate but equal" doctrine, among other things, and suggesting that the Israel lobby is blinding our government to the human rights abuses of the Israelis. For those of you who may have forgotten, Jimmy once held the title of President of the United States of America, and while in that position he brokered the Camp David accords. He also won a Nobel Peace Prize. My guess is he knows a little bit about both the current situation in Israel and the power of the Israeli lobby. But who knows... he may just be a wacky conspiracy theorist.

2) If Abe really wants a presidential bigot: On this day in 1862, future president Ulysses S. Grant orders all of the Jews out of Kentucky, Tennessee and Mississippi. Fascinating story.

3) Haven't gotten enough Critical Theory lately? Then take a spin on the Postmodernism Generator. Deep Thoughts... by Jacques Lacan.

4) Judge Posner has a sympathetic view towards NYC's ban on trans-fats. Too bad he's not on the 2nd Circuit. However, how does that bode for a possible appeal of the lawsuits challenging Chicago's ban on on foie gras?

5) Joel Zumaya is the 100+ mph reliever who came back from an injury and helped knock the Yankees out of the playoffs this year. The Yanks may have made it through to the World Series if the Tigers hadn't discovered that Zumaya was injuring his million-dollar arm playing PlayStation's "Guitar Hero".

Sunday, December 17, 2006

The morning after

Or, the afternoon, I suppose.

We'll, that's over. I'm not quite prepared to write about it. Suffice it to say that the emotional and physical toll of first-year exams was everything that has ever been advertised and, in a sense, more.... because it was real.

Today, I am trying to re-learn how to be a human. First I got up and got hypercaffeinated, which I don't know why I did because I have nothing to do. Then, I tried to slow down as I went for a leisurely walk, but it didn't work... I still booked along at a pretty good pace and got fed up with the fact that I didn't have a clear destination and went home. I tried not to scarf down food... also didn't work too well. Maybe I'll have occasion to talk to someone.... hopefully I won't get frustrated with their illogical reasoning and wander off muttering to myself. We'll see. Baby steps.

Ok... I'm gonna take a nap. Here's some lawyer insults to amuse you while I am sleeping.

Thursday, December 14, 2006

My worst fears confirmed

OK... today I am ready to talk about how much exams suck.

You prep all summer. You are as prepared for the first day of class as a Kenyan marathoner is for the starting gun. You work 10 to 12 hour days, 6 1/2 days a week for three months. You completely color in almost 2000 pages of textbooks with a rainbow of highlighters. You take enough notes that it takes 5 minutes to transfer all of them from your laptop to your memory stick. You labor endlessly to create 30-page outlines for each class of all of the material, synthesized into an easy-to-memorize format. You spend two psychotic sleepless weekends writing the take-home exams for LRW. Your days now have two highlights: the 20 oz coffee that starts you up in the morning, and the beer and Tylenol PM you take to go to sleep. You stop shaving and showering. You order pizza for breakfast. The last three weeks are a forced march of studying.... it doesn't stop, there are no days off, only procrastination.

And then... the exams.

Three hours of madly typing. Trying to get down more information than can be put down in three hours. You ignore the voice in your head that tells you are on the wrong track, are discussing the wrong issues, and are getting a C for your stubbornness. You try to pretend that you're not scared of losing out to the stoner who didn't do any of the work all semester but just memorized someone else's outline last week. You just write and write and write.

Then it's over. You go home and put that class' books away, take all the charts down from the walls, and start to get your materials ready for the next exam. But you start to think: how the hell is the professor going to read those 80 exams and decide which are the 5-10% that deserve an A? How can these hundreds of hours of work, the most you have worked in your life, be ultimately measured by three hours of frantic writing?

And then.... a real law professor reveals your worst fear: the secret curve grading method.

One more left: Contracts on Saturday. Then we drink.

(Thanks to Otherwise Occupied for the link!)

Wednesday, December 13, 2006

Unbelievable

I was going to blog this morning about how hard life is going through first-year exams.

Then I read stories like this one, and I see pictures like this one. Suddenly, my life seems not so hard. I'm not struggling to survive on $6 an hour laboring in a meat packing plant, only to be indiscriminately lined up against a wall, cuffed, accused of being illegal (regardless of my actual citizenship, but based only on the color of my skin), and threatened with deportation. I don't live in terror of immigration officials breaking up my family and destroying our means of support. I don't spend my days enduring this life in the hopes that I can provide my children with just a little better opportunity at escaping this misery.

What kind of country do we live in? What are the harms to our society done by immigration that warrant this kind of terror of the most dispossessed among us?

I often flinch at moralistic arguments for complex policy problems. But on the matter of immigration, the rational policy arguments line up with the moral ones. There are few costs involved in immigration (though there are great externalities in making immigration illegal, for example, the criminal element that springs up around smuggling, slavery, identity theft, and other results of creating an artificial market barrier). The arguments that undocumented workers don't pay taxes are patently false... they generally do pay into social security, which they never collect, and while they probably don't pay much income taxes, that's because they live on poverty-level wages. Over the years to come there will be huge economic gains made from immigration as our population ages. The valid arguments against immigration, illegal or not, amounts to nothing more than populist xenophobia.

Here's a description of one of the raids in Utah (I recommend reading the whole article):

Women were crying as they were handcuffed with plastic ties and put on the buses. Some weren't allowed to get their belongings from their lockers. Maria, who declined to use her last name, argued with an agent because she was getting the coat for her 34-year-old niece, Blanca, who was arrested.

''She [the agent] told me, 'Do you think it's going to be cold in Mexico?' '' Maria said, holding back tears. ''I've never seen people get treated como animales.''


Can anyone honestly be on the side of this kind of terror? Do they expect the $6 an hour meatpackers to be desperate armed criminals?

Sunday, December 10, 2006

Interrelated thoughts on Latin America (mostly).

Torts is my Everest; it's the class I have put by far the most time, work and thought into, and it also seems to be the one that requires the most intellectual capacity (though perhaps that is a subjective analysis). The exam, which is on Tuesday, will be the last frontier of measuring my self-worth when it comes to law school's yardstick of success... if I fail here, there is no excuse because I am as prepared as I can be.

Torts involves a lot of underlying connections between different areas: proximate cause to duty, alternative design in products liability to negligence, blah blah blah. As I've been making these connections for the past few days, here are some interelated connections I have been making recently BEYOND Torts:

Pinochet Died. I'll shed less tears than I did for Nixon.

Click here to continue on an amazing journey onboard my Train of Thought

Pinochet, though, made me think of Milton Friedman, who was his economic advisor and arguably the silver lining of the dark cloud that was the Pinochet regime of terror.

Here's a particularly good article by Brad DeLong (Berkeley economist) on the differing world view of Friedman and Keynes, whom in may ways did not differ that much at all. Both understood the empirical realities of markets, much of what is "agreed upon" by economists today. Where they differed was on the degree of the role of government involvement in the economy. In a sense, their views are paradigmatic: Keynes sees a role for a patriarchal technocratic government limiting the ravages of laissez faire capitalism, while Friedman argued that the corruption, bureaucracy, and limitations on freedom embodied in government were greater evils than the inequities wrought by free markets. In my view, both are wrong, and both are right... the answer lies somewhere in the tension between these two viewpoints.

This tension lives on in the current debates on Latin America. Here's a view from the Right (although in the leftist press) by Harvard economist Kenneth Rogoff on how the rise of the leftist governments threatens Latin America's economic prospects. And here's a view from the Left by CEPR's Mark Weisbrot, on how fears of the rise of populism in Latin America are misguided as their economies are cruising along. Both of these viewpoints, while important expressions of the necessary tension at opposite poles, miss the target because of their rigid ideological approach. Rogoff would have us equate the growth of political populism with economic stagnation, which is obviously not true in either practice or theory. And Weisbrot wants to overlook the troubling tendencies of Chavez and the dangers of an antagonistic stance towards foreign investment because, so far, the economies have been doing well and have reduced inequality to some degree. Again, I believe that the answers lies somewhere in the tension: it is important for societies to be economically viable and politically open, but not to the point of inequality and conformity to a US-centric approach to democracy and cooperation.

Here's an interesting take on Chavez: Revolutionary or astute businessman? Is his free heating-oil program really foreign aid to help the poor of the US, or is it good ole' corporate advertising for Venezuela's US company, CITGO, disguised as charity? Or is it both? Check out these advertisements that have been all over Slate.

Another tension related to these topics: Another Harvard economist, Jeffrey Sachs' view on how the main impediment in development is the West's reticence to provide foreign aid for development, while others argue that it is internal political conditions that prevent aid from being used successfully for development. Who's right? Probably both.

More development and politics: here's an article from the Times on today's award ceremony for Nobel Peace Prize Winner Muhammad Yunnus and the Grameen Bank entitled "Nobel Winner Warns of Dangers of Globalization". The title of the article is a bit of a pet-peeve, as it makes it seem as if Yunus believes that we should therefore "stop" globalization. I often find relatively misinformed people who believe that "globalization" is a "choice" made by the IMF and some cabal of capitalists, as opposed to what it really is: a historical trend that is due to uncontrollable changes in economic means and modes of production (a marxian analysis if there ever was one!). It's clear from both Yunus' comments and from his general work that he does not hold this misperception... he understands that globalization is not a force that can be "stopped", but that instead we must put political will into making structural adjustments (such as microcredit programs) needed to alleviate the suffering of those who are most economically displaced by the trend. Anyway... I was annoyed how the headline is one that feeds the misperception. However, another interesting tension: the need to create global market conditions that allow for economic expansion and recognize economic realities but at the same time do not leave behind those least equipped to take advantage of them.

The Yankees signed Andy Pettite. I know, it's not interrelated. But it did make me happy. Hopefully this time he won't put ads on the subway trying to convince NY'ers to read the Bible.

Back to Torts.

I'm for anything that puts lawyers to work

Given my alma mater, I found this video particularly funny. Enjoy!



Thanks to De Novo.

Saturday, December 9, 2006

Atheist prosletyzing!

Here's a video from Australia. After a long initial rant about Mormons waking him up on Saturday morning by knocking on his door, the host then goes to Salt Lake City, dresses up in a white shirt and a black tie, and goes door-to-door spreading the word of Darwin. Pretty funny!

Thursday, December 7, 2006

Court to determine recipe for Guacamole

A class-action lawsuit has been filed in California against Kraft, alleging that they defrauded customers when they marketed a guacamole dip that contained less than 2% avocados. The lead plaintiff complains that she did not know there was so little avocado, despite the label on the container that she didn't read. The defendant believes that customers know that the dip is "guacamole flavored."

I wonder if the California Avocado Commission will file a amicus urging the court to adopt a high-percentage avocado standard? Will the tomato and onion lobbies argue that they are entitled to affirmative action? Stay tuned...

Wednesday, December 6, 2006

I'm not procrastinating, I'm just recognizing decreasing marginal costs.

Criminal law is my next exam, and it's on Friday. I've been lackluster in my studying today, partially due to the fact that I'm not so excited about Crim (partially the professor, partially the material), but also because I went on a psychotic criminal spree (pun unfortunately intended) the week of Thanksgiving, and have already completed my outline and most of my prep materials for the open-book exam. So, there is little work to be done. I suppose I could just read my outline over and over again, but I've never gone for that approach to learning. There always has to be some sort of active involvement for me to get behind learning, which is why I like research but also why I like outlining (I can get into the distillation of complex materials into a set of fundamental rules and relationships... that's how I learn).

That being said, for the purposes of the exam I still need to get my mind to "switch over" to thinking about Crim from thinking about CivPro. I've dallied in it today, but it hasn't taken... I keep on drifting off to either obscure and pedantic areas of Crim that I know won't be tested or on to other subjects entirely. I recognize that I still have tomorrow to really get down to brass tacks and spend some serious time studying. Yet, I still feel vaguely lazy.

Which is why I liked this article by a pair of Swarthmore seniors, An Economic Study of Procrastination (thanks to Marginal Revolution for the link).

Click here to read more about why I am not lazy, but instead am an astute incentive maximizerThe authors suggest (study is a bit of a strong word) that, beyond laziness, procrastination might be driven by incentives, particularly on three grounds: (1) that there might be fixed costs involved in each attempt at homework (going through your pre-study routine), (2) that there are decreasing marginal costs to doing homework all at once (getting into the "study zone") as opposed to spreading it out, and (3) that there are externalities (costs) to doing homework when others are not.

I'm not sure about (1). Yes, there may be fixed costs involved in each study attempt, but there is also presumably diminishing returns on crunch-time studying. Regardless, it doesn't affect me, because I'm sitting in my room staring at my computer whether working or procrastinating.

I'm also not sure about (3). It may be that you lose a marginal benefit when you are studying but could be watching Curb Your Enthusiasm with your friends, and as a result you could order your affairs so as to not have conflicting times for these activities. But that assumes that your crunch-time is free from alternatives that would also provide some marginal benefit (maybe your friends are also watching Curb Your Enthusiasm that night, or maybe doing something that would be even more fun). Again, though, it doesn't apply to me, because I am not watching TV with friends, but instead am reading articles by college kids on the economics of procrastination, or watching re-creations of the arguments in Supreme Court cases.

But in my estimation (2) is pretty on-target. While it is also subject to the diminishing returns caveat expressed above, it's clear there are aggregate efficiencies to bunching your work together. I find that it takes me a while to get into a subject when outlining or studying it, but that once I do relationships between concepts start to fire in my head, and the work goes much quicker. The key is to not push your efficiency curve into a downslope by procrastinating TOO much.... the 20-hour cram session is certainly not very efficient.

Anyway. At least I have a good excuse for putting off Crim... I'm only responding to incentives!

It's like GameChannel for the Supreme Court!

The Supreme Court has recently started releasing audio of oral arguments in select cases on the day of the argument. Oyez has put together the audio along with pictures of who is speaking and a scrolling copy of the transcript so that you don't have to know exactly how scruffy Kennedy's voice is to tell who is speaking. As an example, check it out for Gonzalez v. Planned Parnethood here. It's pretty cool.

Make sure you tune in this February to hear Scalia utter "Bong Hits 4 Jesus" in the upcoming student free-speech case Morse v. Frederick!

Tuesday, December 5, 2006

Flunking out? Join the Army!

John Kerry's recent comments on the implicit correlation between education and the military are pretty obviously true, if a political no-no. I couldn't help but think of him when I got the following email:


to: xxxxx@usfca.edu
date: Dec 5, 2006 7:03 PM
subject: Wondering if the Army is a good option for you

Hello and how are you doing? My name is Rey Bagorio and I am a guidance counselor with the Army ConCurrent Admission Program.Basically the Army ConCurrent admission program lets you start or finish your education to over 1800 colleges that works with us. Some of the colleges include University of Hawaii and UNLV.If you know of

anyone that is thinking about dropping out of schoool due to a big tuition.I would like to share some information with

you. Please give me a call if you find someone @4154334512 and ask for Mr. Rey Bagorio.


No, I didn't mess with the spacing. And to think that Army recruiters are generally the better soldiers! I can't help but wonder what kind of idiot thinks that students are going to read this garbage and say "Boy, I wanna hang out with winners like this guy in the Army! It seems they are all highly educated!"

Hrmmph. My response:


from: xxxxx@usfca.edu
to: Bagorio, Rey A SGT USAREC
date: Dec 5, 2006 7:45 PM
subject : Re: Wondering if the Army is a good option for you

Cal. Bus. & Professions Code section 17538.4 requires that spam have an opt-out feature. It provides liability for violations of $50 per message up to $25,000 per day.


Please accept this notice as my formal opt-out. While it would pain me to contribute to the ever-increasing costs of this ill-begotten war, be aware that should you continue to spam this address, I will file a complaint.

Monday, December 4, 2006

Brooklyn Judge teaching children to hate immigrants

John Wilson, a Brooklyn Criminal Court Judge has written a children's book called Hot House Flowers. Here's an excerpt from a New York Law Journal article on the book:

[Wilson] described it in an interview as an "allegory" about "the defense of home and country" with "a parallel to the problem of illegal immigration." He said his book also contains an "underlying current" about the "image of God."


In promotional materials delivered to news media last week, Wilson said the title refers to "people who are insulated and do not really appreciate the substantial dangers of the world." The story concerns "flowers in a hot house who fail to stop the encroachment of plants that end up taking over all their resources."


Wilson's book, with illustrations by Marina Tsesarkaya, an immigrant from Ukraine, pits invasive dandelions "from the outside" -- plants also described in the book as "weeds" and "alternative species" -- that nearly choke the life out of hot house orchids and roses -- described in the books as "beautiful flowers" -- who are afraid of complaining about dandelions "for fear of being called disagreeable."

Ordinarily I would not want to even draw attention to such exhibitions of xenophobic hysteria. But in this case it is more than some Klansman or Minuteman wackjob; this is an elected judge we are talking about, and presumably one that has immigrants and non-whites in his court on a regular basis. He should be held accountable. You may consider lodging a bias complaint with the state authorities, or write or call to complain to the Kings County Administrative Judge, Hon. Neil Firetog. This one is worth getting a bit pissed about.

On the Amazon site, people who bought this book also bought Minutemen: The Battle to Secure America's Borders and State of Emergency: The Third World Invasion and Conquest of America by Pat Buchanan. The tongue-in cheek reviews are particularly good. One reads:

The best story of the dangers of out-of-town dandelions coming in and destroying the greenhouse with their Camaros, mosques, and ethnic cooking flavors. You'll be flipping the pages until the climactic finale where the hot house flowers, who love the dandelions despite the different colors of their petals, burn a vitamin spike on the dandelions' front lawn. Highly recommended.


P.S. Also worth noting is the scene where one of the weeds tries to bust up a chiffarobe for a hot house flower, but ends up in hot water as a result!

It would be hysterical if it wasn't also a little sad.

Message from the Pain Cave

Posts will be meager for the next two weeks as I battle my way through the first round of exams. First up: CivPro, tomorrow. After the past few days, I'm a lean, mean CivPro machine. I got collateral estoppel coming outta my ears.

In the meantime, here's a little sumptin' to keep you entertained. My girlfriend, like perhaps many girlfriends, hates fantasy sports and the amount of time I spend on it. Well, now there is a fantasy league for her: the Tabloid Fantasy League, where you pick a bunch of celebrities and earn points every time they get in the tabloids. She'll love it.

By the way, congrats are in order for the girl, as she was named one of the two Outstanding Barristers for 2006, by the Barristers Club of The Bar Association of San Francisco.

Friday, December 1, 2006

My thoughts are now available in both abridged and unabridged versions

So... some of my posts were getting a bit long. And despite my sneaking suspicion that my girlfriend is the only person who reads this, I decided something had to be done about it so that you, my imaginary reader, did not have to put up with long posts that you did not care to read.

But, I'm apparently incapable of not being long-winded. So, I came up with a solution: expandable posts that allow you to click a link to continue reading only if you actually give a hoot.

Alas, Blogger does not offer such a mechanism, unlike it's counterpart Typepad.

Fear not, as I was not about to be deterred in my quest for brevity. I had to hunt around in the dark recesses of the internet to find a hack. In the course of doing so, I made some of my first forays into the HTML supporting Traditional Notions, indeed my first forays into HTML period. After a lot of experimentation and screwing things up, I think I found something that works.

You might notice below that some of my longer posts have now been abridged with a witty little link (or, at least, as witty as one can be after trying to figure out HTML all night). I will endeavor to continue to use it in the future so as to assure your comfort, Dear Reader.

Click here to learn more about the hack I used

OK... since I can't figure out how to write HTML into a post but not have the post actually include the HTML, I will have to refer you to where I got the hack. Thanks Res Publica!