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Whatever happened to Henry Simons? (fp)

Wow -- that's some very scary poll results (kw)

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Banks really create value: probably $58 billion in overdraft fees & credit card penalties in 2009. (fp)

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Eternal Earth-Bound Pets promises to adopt your pet if you are raptured. (fp)

Habermas doesn't tweet, but does interview well. (fp)

Lessig on Google, copyright, orphans, and the future of access to information. (kw)

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Author Archive for Kaimipono D. Wenger

Very scary poll results

posted by Kaimipono D. Wenger

Wow — that’s some very scary poll results (kw)

  February 8, 2010 at 12:02 pm   Posted in: Asides  Print This Post Print This Post   One Comment

Author poll: Spring target dates

posted by Kaimipono D. Wenger

We’ve asked editors to give us some information about their submissions windows. I thought it might be useful to check with authors as well. If you’re planning on sending out your masterwork this spring (and aren’t we all?), what is your target date for submitting it?

When is your target date for spring submission?

View Results

Loading ... Loading ...

  February 7, 2010 at 11:33 pm   Posted in: Law School (Law Reviews)  Print This Post Print This Post   No Comments

Spring 2010: Is the Window Open?

posted by Kaimipono D. Wenger

It’s early February, so now let’s ask the regular questions:

1. Has your board turned over? If not, when will it?

2. Details please. Do you want new articles on the day the new board moves in, or would you prefer to get used to the new digs first? Overall, is your journal taking submissions yet; and if not, when will it start?

3. If you have already turned over, are you planning any theme issues that folks ought to consider submitting specialized pieces for?

4. What format do you want pieces in (especially if you are changing your previous policies).

5. Is there anything else that authors should keep in mind as this spring season (gulp) begins?

This thread will be bumped weakly. Err, weekly.

  February 6, 2010 at 5:27 pm   Posted in: Law School (Law Reviews)  Print This Post Print This Post   3 Comments

Links and short thoughts on Amazonfail

posted by Kaimipono D. Wenger

Deven has already mentioned Amazonfail, in which Amazon temporarily delisted all MacMillan books — one-sixth of its inventory — because of a disagreement over Kindle pricing. (MacMillan was tired of Amazon using its books as a loss leader to get folks to buy Kindles).

It’s been interesting to read over folks’ analyses. The best overview comes from Scalzi, who lists seven ways that this was a complete fail on Amazon’s part. There’s also very good analysis from Cory Doctorow; another very good analysis from Tobias Bucknell; yet another very good analysis from Scott Westerfield (and there are more good analyses out there); a funny photoshopped picture at Engadget; and of course calls for revolution from a variety of folks, such as Tobias Bucknell.

At the end of the day, I’m thinking that the critics were right. Amazon apparently can’t be trusted not to do really stupid things, which may seriously harm readers and authors (and publishers with whom Amazon is squabbling). Amazon’s move was really stupid, and puts a major dent in their credibility. I can’t speak for everyone, but I can say that I read a variety of MacMillan titles, and I own a Kindle — and following this whole kerfuffle, I’m seriously thinking about Apple’s new feminine-products device.

  February 6, 2010 at 3:52 pm   Posted in: Amazon, Articles and Books, Technology  Print This Post Print This Post   One Comment

Lessig on Google, copyright, orphans, and the future of access to information

posted by Kaimipono D. Wenger

Lessig on Google, copyright, orphans, and the future of access to information. (kw)

  January 31, 2010 at 9:44 pm   Posted in: Asides  Print This Post Print This Post   No Comments

Study: Ogling teaches women to self-objectify

posted by Kaimipono D. Wenger

Study: Ogling teaches women to self-objectify (kw)

  January 30, 2010 at 5:39 pm   Posted in: Asides  Print This Post Print This Post   No Comments

New Yorkers divided on terror trial move.

posted by Kaimipono D. Wenger

New Yorkers divided on terror trial move (kw)

  January 30, 2010 at 5:35 pm   Posted in: Asides  Print This Post Print This Post   No Comments

A Republican comeback in the Northeast?

posted by Kaimipono D. Wenger

A Republican comeback in the Northeast? (kw)

  January 30, 2010 at 5:34 pm   Posted in: Asides  Print This Post Print This Post   No Comments

Randall: “I am just saying, I forgot Obama was Black too.”

posted by Kaimipono D. Wenger

In a recent e-mail conversation, law professor Vernellia Randall raised some interesting points about President Obama’s lack of focus on racial justice issues. With her permission, I’m reposting her observations here:

—

I am just saying, I forgot Obama was Black – too.

During the campaign, I said that Obama would be bad for the Black community. In my life, I have seen a number of black people rise to position of authority. There is nothing worse than the black person who runs from racial justice issues like it is a rabid dog. During the campaign, people insisted on portraying Obama as a progressive, liberal even a radical.

I didn’t see the liberal, progressive side then — and I am still waiting to see the liberal progressive side of Obama. The so “liberal, progressive radical” Obama administration has made it clear that there will be as little racial justice talk as possible. Read the rest of this post »

  January 30, 2010 at 10:47 am   Posted in: Civil Rights, Politics  Print This Post Print This Post   25 Comments

Booking it

posted by Kaimipono D. Wenger

I just opened an e-mail from a university press — a nicely designed, eye catching e-mail — glanced at it, and then deleted it. As I did, it occurred to me that I get those sorts of e-mail all the time, and I almost never buy a book based on them. At least, I can’t recall a time I have. How do I decide what books to buy?

As a legal academic, I buy quite a few books. I haven’t counted, but I’m pretty sure it’s between 50 and 75 books in a year, maybe a few more. I buy books for myself personally; I buy books for my office; I send suggestions to the library (and school norms being what they are, a library suggestion is the functional equivalent of ordering a book and putting it on my office shelf, except that it has a call number on the spine).

I get my information about books from a number of sources. I hear about books from friends. I read book reviews in a number of places: The New York Times regularly; the Washington Post and New Republic with some frequency; and sometimes the Wall Street Journal, The Nation, the Weekly Standard or National Review. I read book reviews in law journals — I skim the reviews in the Co-Op participating journals, for instance, and I’ll look at others as well. I read a number of law blogs — Co-Op of course, and also sites like Prawfs, Volokh, Leiter, and the Glom; I also subscribe to e-mail listservs like AALS-Min. I visit the booths and pick up the order forms from the major publishers at AALS. And of course I’m inundated with ads from all directions — lots of direct mail and e-mail. In all of these aspects, I believe that I’m pretty normal for a legal academic.

In thinking about my book buying patterns, a few basic ideas come out. Read the rest of this post »

  January 27, 2010 at 10:49 am   Posted in: Articles and Books  Print This Post Print This Post   3 Comments

Gentlepeople, start your engines

posted by Kaimipono D. Wenger

A recent comment asked if we were going to put up an open thread on law review submission season. And here we are! (Concurring Opinions, where we listen to our readers. Except when we’re distracted with grading, or watching cute puppies playing Guitar Hero on Youtube.) So, stealing shamelessly from last year’s post:

1. Has your board turned over? If not, when will it?

2. Do you want new articles on the day the new board moves in, or would you prefer to get used to the new digs first? Is your journal taking submissions yet? (Please God no — I have at least two weeks of edits left on my piece.)

3. If you have already turned over, are you planning any theme issues that folks ought to consider submitting specialized pieces for?

4. What format do you want pieces in (especially if you are changing your previous policies).

5. Do you (still) take cash?

And professors should note that, even if/though journals are (hopefully) not reviewing submissions right now, rightnow is the time to send your piece out to colleagues for feedback and/or star-footnote credit — if you haven’t already done so.

Related and possibly helpful: How to write your cover letter

Law Review customer service rankings

Should it become necessary, how to deal with rejections.

Best of luck, all!

  January 26, 2010 at 11:47 am   Posted in: Law School (Law Reviews)  Print This Post Print This Post   3 Comments

Three Facebook privacy settings you should check right now

posted by Kaimipono D. Wenger

Three Facebook privacy settings you should check right now (kw)

  January 21, 2010 at 10:53 pm   Posted in: Asides  Print This Post Print This Post   No Comments

A correction on the purported “plausible deniability” quote

posted by Kaimipono D. Wenger

The Perry hearings have been underway for a few days now, and yesterday’s hearing contained some particularly interesting material.

Yesterday’s hearings certainly contained some helpful material for marriage equality advocates. For instance, as Shannon Minter notes at Pam’s House Blend,

In some of the most dramatic evidence presented to date, Professor Segura commented upon a number of documents that provided a shocking glimpse of just how deeply the Catholic and Mormon churches were involved in supporting Prop 8 and intertwined with the official pro-Prop 8 campaign. “One document sent by executive director of the Conference of Catholic Bishops to bishops in California thanked the Catholic Conference for its “unusual” efforts in supporting Prop 8 and applauded the Mormon church for its “financial, organizational, and managerial contributions” to the campaign.” Other documents detailed the Mormon Church’s extensive collaboration with the campaign, including mobilizing more than 20,000 volunteers and coordinating messaging and fundraising. Professor Segura testified that this level of coordination among powerful religious groups to target a particular group was unprecedented.

All of this is correct; and it’s also correct that the paper trail being established (including yesterday) will be immensely helpful for marriage equality advocates.

However, an overstated report of an “explosive” document about plausible deniability has also been making the rounds. That report is incorrect. Read the rest of this post »

  January 21, 2010 at 2:53 pm  Tags: proposition 8  Posted in: Uncategorized  Print This Post Print This Post   2 Comments

Leiter on those high AALS fees

posted by Kaimipono D. Wenger

Leiter on those high AALS fees (kw)

  January 20, 2010 at 10:17 am   Posted in: Asides  Print This Post Print This Post   No Comments

Evil Chinese hackers know your google password

posted by Kaimipono D. Wenger

Evil Chinese hackers know your google password. (kw)

  January 19, 2010 at 1:29 pm   Posted in: Asides  Print This Post Print This Post   No Comments

Testing TwiLaw

posted by Kaimipono D. Wenger

So how many of us managed to work a Twilight-themed hypothetical into a final exam?

(Raises hand.)

I acquired, err, a passing knowledge of the books in days of yore (meaning that over the summer I ran out of things to read, picked up my wife’s copy, and ended up (cough) reading the first two books in the series. Solely for research purposes, I tell you!) From this knowledge, I crafted this Twilight-themed hypothetical for my Wills and Trusts final:

Distraught about her high school sweetheart Jacob’s recent announcement that he was dating another woman, Bella joined match.com in search of her soulmate. There she met Eddie who was immediately enamored with Bella and proposed to her after the second date. On January 1, 2001, Eddie handwrote in his diary,

“I can smell her everywhere I go, I can sense her when she’s miles away, she’s like a drug to me. I want Sparkly Manor to be hers some day. – Eddie (the immortal).” Read the rest of this post »

  January 19, 2010 at 12:58 am   Posted in: Law School (Teaching)  Print This Post Print This Post   3 Comments

“A distinguished panel of gentleman will discuss the strengths and weaknesses of women.”

posted by Kaimipono D. Wenger

Real CLE topic (until bad publicity forced a change): “A distinguished panel of gentleman will discuss the strengths and weaknesses of women.” (kw)

  January 18, 2010 at 7:02 pm   Posted in: Asides  Print This Post Print This Post   No Comments

“I am in Birmingham because injustice is here.”

posted by Kaimipono D. Wenger

“I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial ‘outside agitator’ idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.”

(from the Letter from Birmingham Jail)

Happy Martin Luther King day, everyone!

  January 18, 2010 at 5:23 pm   Posted in: Civil Rights  Print This Post Print This Post   One Comment

If we can’t get an 8-year-old off the list, the whole list becomes suspect.

posted by Kaimipono D. Wenger

“If we can’t get an 8-year-old off the list, the whole list becomes suspect.” (kw)

  January 15, 2010 at 10:03 am   Posted in: Asides  Print This Post Print This Post   No Comments

45,000 new JDs chasing 30,000 new jobs

posted by Kaimipono D. Wenger

45,000 new JDs chasing 30,000 new jobs . . . annually. Ouch! (kw)

  January 14, 2010 at 9:58 pm   Posted in: Asides  Print This Post Print This Post   One Comment


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