Category: Culture

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The 80/20 Principle

ParetoPareto originated the so-called 80/20 principle in the early 1900s after observing that 80% of the wealth in Italy was owned by 20% of the population.  For a century, innumerable observers have found that the 80/20 pattern, also dubbed the “vital few/trivial many rule,” recurs across many distributions.

Businesses tend to generate 80% of sales from 20% of their products and 80% of their profits from 20% of their customers.  Managers can use the tool to think about operations and allocating resources.  In book publishing, eighty percent of promotional resources are dedicated to twenty percent of the list.

The principle applies among law firms, where twenty percent of clients contribute eighty percent of billings. Firms can use the insight to improve in many ways. For example, it can help partners decide which clients to nurture or fire  or how paralegals should allocate their time.

The concept can be refined for any number of time management tasks, as popularized by Richard Koch’s 1998 book, and in The Four Hour Work Week by Tim Ferris (some notable tips from which Jeff Yates collected a few years ago at The Faculty Lounge).

The concept is not a precise measure nor a universal constant. For example, in America today, 20 percent of the population owns something more like 95% of the wealth. And the insight does not yield to prescriptive policy manuals. It is instead a way of thinking about resource allocation that can improve one’s effectiveness.

I wonder, among law professors, in what ways does the 80/20 rule manifest?  Here are some alluring candidates:

Eighty percent of law professors were trained at twenty percent of the nation’s law schools.

Do eighty percent of a prawf’s citations come from twenty percent of their articles?

Are eighty percent of your downloads on SSRN from twenty percent of your posted pieces?

Are twenty percent of law professors responsible for eighty percent of legal academic blogging, as Eric Goldman once forecast?

Do eighty percent of valuable classroom contributions come from only twenty percent of your students?

What other questions might this apply to for law professors? And what are the implications?

For one, being aware of the phenomenon can help define the activities that matter the most and allocate scarce productive resources on those.  Reflect upon what is special about the twenty percent of your scholarship yielding the vast majority of its influence.   Is it subject matter, methodology, orientation, clarity?  If twenty students in your 100-person classroom pull most of the weight, what should you do about that? Is it necessary to draw the rest in or capitalize on the phenomenon in some other way?

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Great Interview with Rod Serling Before Twilight Zone Aired

The video below is well worth the 21 minutes. Serling goes into sponsors as censors, consumerism, the potential for great television, and much more. He had experience with trying to engage race issues on T.V. and finding that his story was gutted. He talks about precensorship – themes writers avoid. He explains the way the system converges to make that so. There is a great story about Lassie having puppies and some crazy controversy about that being a sex show. Want associational harm? A line was cut about gas chambers from Judgment at Nuremberg because a sponsor that sold gas stoves for kitchens did not want that connection. As I recall another story was set in the British navy and so asked for tea. A sponsor sold coffee. The compromise. A tray of unspecified drinks was served.

Behold a man. Smart. Dedicated. Passionate. Turned to science fiction from drama. The reason? To avoid that place he created, The Twilight Zone.

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Driverless Irony and Maybe Car Drone Drivers Coming Soon

Assumptions can break models and render rules incoherent. Some states such as California have required that a driverless or autonomous vehicle still have a licensed driver at the wheel in case the systems fail. A friend noted that this idea is useful in the rare case the vehicle encounters a situation it cannot handle. The idea may work today. It won’t work in the future.

What happens when the next generation is raised on driverless cars? Today we can assume that drivers have enough hours behind the wheel so that they might be able to take over if need be. But in five or ten years, what exactly will driver’s ed look like? Would we require youthful drivers, somewhat dangerous based on lack of experience, to drive more? That seems to defeat the upside to the technology. Yet if a generation of drivers never really drives, how can we expect them to take over for a sophisticated system pressed beyond its capabilities? As with pilots we might use simulators and such. Yet how many hours of that will be needed? Would it test the moments when the car cannot handle the situation? These points remind of the early days of Westlaw and Lexis. When I was in school, we were required to use analog research to start. The idea was that we may be without a terminal or access to legal databases. This problem would arise in courthouses. It was true at the time, but a few years later, the Internet and web based access negated that idea. There may still be some training on the old ways, but how much anyone needs or uses them is unclear. With cars, there will be a gap period when some will have the systems and some won’t. But at some point, I’d guess that most cars will have the system, and/or fewer people will own cars at all. Many may subscribe to services instead of owning a vehicle. Driving by hand will be a special art for the rich and old schoolers as they head to stores that sell LPs.

So what may be the supercool solution? Like Onstar, a car maker may have a group of drone operators for the outlier problems. If a car fails, a signal is sent. A video game junkie, err drone expert, takes over to handle the vehicle by remote. That person is training on cars and drone operation of them all the time. They have the expertise to take over when needed. Yes, you may cue the creepy music at this point.

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Of Wolfs, Wall Street, Art, and Poser Populists

I was not planning on seeing The Wolf of Wall Street but may have to after reading an op-ed by Christina McDowell, the daughter of Tom Prousalis who was a lawyer in the pump and dump schemes portrayed in the movie. She makes the argument that the film and especially the film makers, Scorsese, DiCaprio, and Winters, have glorified these tactics:

So here’s the deal. You people are dangerous. Your film is a reckless attempt at continuing to pretend that these sorts of schemes are entertaining, even as the country is reeling from yet another round of Wall Street scandals. We want to get lost in what? These phony financiers’ fun sexcapades and coke binges? Come on, we know the truth. This kind of behavior brought America to its knees.

And yet you’re glorifying it — you who call yourselves liberals. You were honored for career excellence and for your cultural influence by the Kennedy Center, Marty. You drive a Honda hybrid, Leo. Did you think about the cultural message you’d be sending when you decided to make this film? You have successfully aligned yourself with an accomplished criminal, a guy who still hasn’t made full restitution to his victims, exacerbating our national obsession with wealth and status and glorifying greed and psychopathic behavior. And don’t even get me started on the incomprehensible way in which your film degrades women, the misogynistic, ass-backwards message you endorse to younger generations of men.

On the one hand, I think McDowell is suggesting that these “liberal” film makers are what I like to call poser populists; lots of lip service to certain ideals but not much beyond that. Maybe that is so. Some artists and writers were horrible in private life but wrote works that capture and celebrate humanity. Do we stop reading them? No. When the opposite is true, however, we may indeed pass up the work. On the other hand, there is the film by itself. Is it that bad?

With McDowell’s critique, I find I may have to see the blasted thing to determine whether it is as lacking substance as it seems. The trailers made the film seem pretty much as McDowell describes. And I happen to find the Scorsese and DiCaprio combo flat film-making. But these images and perspectives of how to conduct one’s life come up in both business associations and professional responsibility. While I believe people should make what they wish for film, T.V., books, etc., if those works become popular, I find I want to know them so I can counter-punch the message or give some context to what students see. Thus I agree with McDowell that creators can exercise judgment in what they make, but once the thing is done, blast it all, I may have to dive in if I want to say “Not for me” and back it up with why.

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Some Holiday Music a la Middle Earth

I rather liked the way the trailer (or preview) for the first past of The Hobbit used Misty Mountains Cold. The movie, well, more than enough has been said about that. I looked for the song, as it seemed appropriate for this time of year. It turns out several groups have covered it. And this one to get you started seems to agree that it fits the time of year. It is from the 2012 Holiday Concert at Marine Corps Air Station Miramar.

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San Francisco for the Rich but that can be fixed

Are San Francisco’s housing issues self-created? Possibly. Many have posted about the HuffPo article showing how New York and San Francisco are now populated by the wealthy almost exclusively. And as I visit SF what should I see but the Examiner running a series about SF’s future. Oh no it may hit 1 million people by 2032! That’s right a Dr. Evil 1 million. There is an artificial scarcity in SF. Let’s compare. SF square mileage about 47; NY’s about 23. SF, I believe, has assiduously limited housing. It could build up. It could improve public transport (Muni is not, repeat not, a subway). It is trying to do some work to get to address these issues. Still, it seems that the outrage over high prices and company buses might also be directed at government and residents unwilling to increase the amount of high rises.

Of course, the whole Peninsula could use density and better housing in the Fabgoog area would be welcome. Who knows? Maybe some light rail or better buses in the area would turn Mountain View into a Santa Monica of sorts. Great food, great living, and an identity of its own rather than a weird kowtow to the small city to the north.

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Exciting news for the Center on Democracy & Technology: Nuala O’Connor Appointed President and CEO

Brilliant news: CDT’s Board of Directors just announced that Nuala O’Connor has been named President & CEO, effective January 21, 2014. O’Connor will succeed Leslie Harris, who is stepping down after leading CDT for nearly nine years. As the privacy community knows well, Harris provided extraordinary leadership: vision, enthusiasm, and commitment. O’Connor will build on that tradition in spades. She is the perfect leader for CDT.

From CDT’s announcement:

“Nuala drove an ambitious civil liberties agenda as the first Chief Privacy Officer at the Department of Homeland Security in a post 9-11 world. She fought for and implemented policies to protect the human rights of U.S. and global citizens in a climate of overreaching surveillance efforts. The Board is thrilled to have Nuala at the helm as CDT expands on 20 years of Internet policy work advancing civil liberties and human rights across the globe,” said Deirdre Mulligan, CDT Board Chair.

O’Connor is an internationally recognized expert in technology policy, particularly in the areas of privacy and information governance. O’Connor comes to CDT from Amazon.com, where she served both as Vice President of Compliance & Customer Trust and as Associate General Counsel for Privacy & Data Protection. Previously she served as the first Chief Privacy Officer at the U.S. Department of Homeland Security (DHS). At DHS, O’Connor was responsible for groundbreaking policy creation and implementation on the use of personal information in national security and law enforcement.

“I am honored to join the superb team at the Center for Democracy & Technology. CDT is at the forefront of advocating for civil liberties in the digital world,” said O’Connor. “There has never been a more important time in the fight to keep the Internet open, innovative and free. From government surveillance to data-driven algorithms to the Internet of things, challenges abound. I am committed to continuing to grow CDT’s global influence and impact as a voice for the open Internet and for the rights of its users.”

“Nuala is a brilliant choice to lead CDT. She is a passionate advocate for civil liberties, highly expert about the emerging global challenges and fully committed to CDT’s mission. She is a bold leader who will guide CDT into its next chapter. I have had the honor of working with CDT’s talented and thoughtful team for almost nine years. I am confident that they will thrive with Nuala at the helm,” said Leslie Harris.

Beyond her experience at Amazon and DHS, O’Connor has also worked in consumer privacy at General Electric, and as Chief Counsel for Technology at the U.S. Department of Commerce. She also created the privacy compliance department at DoubleClick and practiced law at Sidley Austin, Venable, and Hudson Cook.

O’Connor, who is originally from Belfast, Northern Ireland, holds an A.B. from Princeton University, an M.Ed. from Harvard University, and a J.D. from Georgetown University Law Center. She currently serves on numerous nonprofit boards, and is the recipient of a number of national awards, including the IAPP Vanguard Award, the Executive Women’s Forum’s Woman of Influence award, and was named to the Federal 100, but is most proud of having been named “Geek of the Week” by the Minority Media & Telecom Council in May 2013. She lives in the Washington, D.C. area with her three school-aged children.

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On the NSA and Media Bias: An Extended Analysis

By Albert Wong and Valerie Belair-Gagnon, Information Society Project at Yale Law School

In a recent article in the Columbia Journalism Review, we reported that major US newspapers exhibited a net pro-surveillance bias in their “post-Edward Snowden” coverage of the NSA. Our results ran counter to the general perception that major media outlets lean “traditionally liberal” on social issues. Given our findings, we decided to extend our analysis to see if the same bias was present in “traditionally conservative” and international newspapers.

Using the same methods described in our previous study, we examined total press coverage in the Washington Times, one of the top “traditionally conservative” newspapers in the US. We found that the Washington Times used pro-surveillance terms such as security or counterterrorism 45.5% more frequently than anti-surveillance terms like liberty or rights. This is comparable to USA Today‘s 36% bias and quantitatively greater than The New York Times‘ 14.1% or the Washington Post‘s 11.1%. The Washington Times, a “traditionally conservative” newspaper, had the same, if not stronger, pro-surveillance bias in its coverage as neutral/”traditionally liberal”-leaning newspapers.

In contrast, The Guardian, the major UK newspaper where Glenn Greenwald has reported most of Snowden’s disclosures, did not exhibit such a bias. Unlike any of the US newspapers we examined, The Guardian actually used anti-surveillance terms slightly (3.2%) more frequently than pro-surveillance terms. Despite the UK government’s pro-surveillance position (similar to and perhaps even more uncompromising than that of the US government), the Guardian‘s coverage has remained neutral overall. (Neutral as far as keyword frequency analysis goes, anyway; the use of other methods, such as qualitative analysis of article tone, may also be helpful in building a comprehensive picture.)

Our extended results provide additional context for our earlier report and demonstrate that our analysis is “capturing a meaningful divide.”

On a further note, as several commenters suggested in response to our original report, the US media’s pro-surveillance bias may be a manifestation of a broader “pro-state” bias. This theory may be correct, but it would be difficult to confirm conclusively. On many, even most, issues, the US government does not speak with one voice. Whose position should be taken as the “state” position? The opinion of the President? The Speaker of the House? The Chief Justice? Administration allies in Congress? In the context of the Affordable Care Act, is there no “pro-state” position at all, since the President, the Speaker, and the Chief Justice each have different, largely irreconcilable views?

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Considering Criminality in the Sale and Purchase of Sex

The New York state court system this week unveiled its Human Trafficking Intervention Initiative to expand a network of pilot courts specially aimed at linking prostitution defendants with a range of social services, and offering the potential for non-criminal dispositions or reduced charges for these defendants.  The program represents an important step toward addressing the exploitation of women, men, and children through sex trafficking.  The recognition of coercion in the sex trade and of the coexistence of prostitution with needs for housing, healthcare, immigration assistance, job training, and drug treatment echo reforms in the domestic violence context to create more integrated judicial approaches to addressing the needs of victims.

 

These reform efforts raise the question of how much attention should be paid to the market supporters of the sex trade.  Law enforcement has tended to focus on sellers of sex, rather than its purchasers, although every state in the U.S. but Nevada criminalizes both the sale and the purchase of sex.  Our American approach, however, is not self-evident.  Sweden criminalizes patronage but not prostitution, akin to many European countries.  The NY reforms suggest further thinking about allocation of criminal responsibility.

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Neutering Parents: Parents’ Sexual Liberty and Marriage

Recent reports of a Texas state court order requiring a divorced custodial mother’s cohabiting female partner to stay away between 9 pm and 7 am while the children were in the home brings to mind the continued discrimination against same-sex couples and same-sex couples with children through custody law, despite major strides on the marriage access front.  In my 2012 article The Neutered Parent, I explore the ways in which custody law has historically been used to enforce norms of sexuality against women and sexual minorities, particularly to discipline sexuality into a marital framework.  The problem with this judicial action, of course, is that same-sex couples may not marry in Texas.  The wider availability of marriage, however, would not necessarily diminish the assumption inherent in such “morality clauses,” that parental sexuality is best pursued in a marital context.  Broader access to marriage/marriage rights, including as conferred by the federal government following Windsor, should prompt us to consider with greater attention the rights of parents outside of the marital sphere.  Analysis of the latest Census data highlights the class-based disparities in who gets married and who doesn’t.  Nonmarital parents constitute a significant and growing percentage of parents.  These reports raise the question of how custody law should address such realities of contemporary family life.  Is the answer to bring more parents into the marital fold?  The Texas case suggests continued reliance on heterosexual, marriage-based norms of parental sexuality.  As I discuss in The Neutered Parent, the ALI’s 2002 amendments to custody provisions pertaining to parental sexuality fail to foreclose the types of thinking that animate discriminatory custody decisions.  While the ALI suggests focusing on parental “conduct,” rather than relying on biased assumptions about how parental sexuality and nonmarital sexuality pertain to children’s best interests, the ALI might provide more explicit criteria for what qualifies as relevant conduct.  Without such clarification, actions that might not read as “sexual conduct” in a marital setting, like a parent’s private consumption of pornographic material, might look like evidence of relevant conduct in a nonmarital setting.  This is because of what I describe in The Neutered Parent as the perceived “sexual salience” of nonmarital parents in judicial determinations of custody.  Greater clarity regarding relevant parent conduct can better serve sexual liberty interests as promised by Lawrence v. Texas.