Thursday, February 21, 2008
Kenneth Mack Facts
This will only be funny to Section 6, or at least someone who's taken Property from Mack. But if that's you, it will be really funny.
Sunstein to HLS
Cass Sunstein, who taught me administrative law when he was visiting last year, has accepted a permanent position at Harvard.
I've already written how despite my early skepticism, everyone should take administrative law. Still, a fair warning: I know at least two classmates who went straight to the "recommended prerequisites" box on the course evaluations forms for Sunstein's class and wrote in "Admin."
I've already written how despite my early skepticism, everyone should take administrative law. Still, a fair warning: I know at least two classmates who went straight to the "recommended prerequisites" box on the course evaluations forms for Sunstein's class and wrote in "Admin."
Tuesday, February 05, 2008
Football Textualism
BUCK: There’s a call that won’t make Giants fans very happy.
AIKMAN: No, but the rule clearly states that the player must be completely off the field before the ball was snapped, and it’s also pretty clear that Blackburn was just short. It’s a tough break for the Giants, but still, it was the right call.
BUCK: Sure, but he was sprinting to the sideline, and nearly made it. It’s not as if he was standing out there on the field trying to be some kind of unnoticed extra blocker on the coverage.
AIKMAN: Fair enough, but the rule doesn’t recognize those niceties. You’re either on the field or you’re off, and the only ambiguity, so far as I can see, is whether you can be off the field if you’re in the air but still hovering briefly within the field of play.
BUCK: But Troy, aren’t you reading the letter of the rule at the expense of its spirit? There’s no sense in which Blackburn was part of the play. His being a step shy of the sideline had no material effect whatsoever on the punt or its return.
AIKMAN: Joe, I gotta disagree with you on principle here. The letter of the rule just is its spirit. You’re either on the field or you’re not. We don’t want to open this up to infinitely-nuanced judgment calls from the officiating staff as to whether a player who belatedly realizes he needs to get off the field has removed himself sufficiently from the play in what you call a “material” sense. You need a clear-cut rule for things like this or the sport just won’t work.
Read the rest at Crooked Timber.
Sunday, February 03, 2008
Wednesday, January 30, 2008
Monday, January 28, 2008
Saturday, January 26, 2008
Cloverfield
All you need to know about the movie is from the last two sentences of the New York Times review:
Like too many big-studio productions, “Cloverfield” works as a showcase for impressively realistic-looking special effects, a realism that fails to extend to the scurrying humans whose fates are meant to invoke pity and fear but instead inspire yawns and contempt.
Rarely have I rooted for a monster with such enthusiasm.
Tuesday, January 22, 2008
Rambo Inflation

Data via Marginal Revolution:
Number of people killed per minute in the Rambo series.
* Rambo: First Blood (1982): 0.01
* Rambo: First Blood Part II (1985): 0.72
* Rambo III (1988): 1.30
* Rambo IV (2008): 2.59
Tuesday, January 15, 2008
Miracles, etc.
Andrea is totally putting a whole new person into the world. We should wish her well.
Monday, January 14, 2008
Deep Cover
John Rogers (not the one I know) has got his hands on the best CIA interview ever. Go read it.
Believe in heroes.
Believe in heroes.
Sunday, January 13, 2008
Friday, January 11, 2008
Try Out For Parody!
Can you act? Can you sing? Can you dance? Audition for the Parody! It is without question the most fun you can have in law school. Come be a part of this year's show, already being hailed by critics as "one of the funniest ever" and "in a class of its own."
Hey everyone-
The script is nearly ready and it's fantastic. The first few songs are already transcribed, dances are starting to be choreographed and the directors are working with set direction to create the look of this year's show. It's time for the 2008 Parody and we can't wait to have all your talented selves back onstage.
It's official- the 2L/3L tryout times for this year's Parody are:
Friday, January 18th from 6pm to 11pm
Saturday, January 19th from 11am to 6pm
Tryout sessions will start at the beginning of each half-hour, and will take place on the third floor of Pound Hall. Please send Pat McHenry, our wonderful stage manager, your preferred tryout times (ideally give a range or a couple of options) at p mchenry at law dot harvard dot edu.
If you are absolutely unable to attend one of these sessions, we will have a limited number of spots available during 1L tryouts on January 28th and 29th from 3:30-9pm.
Hope everyone's having a great winter term- we can't wait to see you soon,
Andrew and Kees
Thursday, January 10, 2008
The Right to Exclude

Having liberals sabotage the Michigan Republican primary by voting Romney sounds like a lot of fun, but it's also the kind of thing that makes open primaries unconstitutional.
Which is kinda too bad.
Tuesday, January 08, 2008
Elitism
I love it when judges slip for a minute and betray some great disdain for juries. Even better when it's tinged with envy for their counterparts overseas unencumbered by the unwashed masses:
Cuno Inc. v. Pall Corporation, 729 F.Supp. 234 (E.D.N.Y. 1989).
It is a quiddity of our law that a well and thoroughly reasoned decision reached by a highly skilled and scientifically informed justice of the Patent Court, Chancery Division, in the High Court of Justice of Great Britain after four weeks of trial must be ignored and essentially the same issues with the same evidence must now be retried by American jurors with no background in science or patents, whose average formal education will be no more than high school.
Cuno Inc. v. Pall Corporation, 729 F.Supp. 234 (E.D.N.Y. 1989).
Sunday, January 06, 2008
Why I Support Obama
Yes, some of it is spite at the media monopoly of Baby Boomer narratives after 40 goddamn years already. See below. But not all of it. Fundamentally, it's because I think you have to strike while the iron is hot. Obama can see the fire, and he brings the biggest hammer. Watch:
Anybody can win. I want to win big.
Anybody can win. I want to win big.
Friday, January 04, 2008
Wednesday, December 26, 2007
Sunday, December 23, 2007
Priorities
Via ATL, this motion to continue at trial on the grounds that it conflicts with the LSU-OSU game is pretty awesome.
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