Category: Culture

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Sunday Night Monday Morning music

I’m re-reading Gravity’s Rainbow (Pynchon now on Kindle by the way). Finished V. Finished Crying of Lot 49. Tried to pick up Vineland which I loved. Wanted the difficult, mad, beautiful language. Back to Gravity’s Angel. For fans I post a song I knew before I read the book. It is Laurie Anderson’s Gravity’s Angel. Honestly, she’s not for everyone. Maybe not for most. But if you dig experimental music and complex lyrics give it a shot. The album Mister Heartbreak from which the track comes is fun too. Again fun for some. It has William Burroughs on Sharkey’s Night. I quoted it at my Cal graduation. That is below too. Shorter.

Where’s the law? Not sure. As Burroughs intones, “And sharkey says: hey, kemosabe! long time no see. he says: hey sport. you connect the dots. you pick up the pieces.” OK for a bit more, as I have said here before, life beyond the law matters. And it turns out that knowing life beyond the law might make you a better lawyer. That, by the way, is why empathy for a judge is important and a good thing. If you can’t walk in someone else’s shoes, at least read more, listen to more, watch more. Great writing, great communication opens the door to the world beyond yours and mine. At least those are the dots I connect. The pieces I pick up.

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42 minutes 59 seconds + copper wire (and a little more) = bliss

Question: Why 42 minutes 59 seconds? Not 43 minutes. Not 42 minutes, 58 seconds. 42 minutes 59 seconds. Solution: Step One. New receiver. Step Two. Unpack old B&W speakers. Step Three. Strip casing, twist copper. Step Four. Connect all. Step Five. Insert album designed for stereo. Step Six. Hit Play. Step Seven. Bliss.

Answer: Dark Side of the Moon. Forty years old as of March 1, 2013.

I unpacked my speakers and set them up a few weeks back. Headphones are nice. They are portable. They are personal. They may even allow sound to envelop you. But not like speakers. Dark Side of the Moon was the first CD I bought. It is a great way to appreciate music engineered for stereo. I put the disc in years ago. Hit play. The next 42:59 was great. The same was true a few Sundays ago. I had a cup of tea (loose leaf, my mix of lapsong, Assam, and Kenyan). I hit play. 42 minutes and 59 minutes slipped away. That was a good, damn good day.

I recommend getting to a stereo and trying it.

(Even on your computer, check out Money, below, for the stereo fun.)

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Vintner, lawyer, pioneer, James Barrett has died

I know that Silicon Valley gets all the hoopla for the way knowledge and industry can thrive, but look a bit north and you will find that similar things happened in the wine industry. That industry just lost a leader. James Barrett was the head of Chateau Montelena when its Chardonnay beat French wines in a taste test that changed the wine industry. He died yesterday. (Stag’s Leap’s Cabernet Sauvignon won the red category). The story (embellished but fun) was told in the film Bottle Shock.

Barrett was an attorney (Loyola L.A., ’51) who became a winemaker. Reports say he fell in love with wine. He followed a dream. I would bet that his legal training helped with the business. Regardless, he and others in Napa changed the wine industry. Part of that success came from using science and research from U.C. Davis to guide the wine making process. The vineyard also employed Mike Grgich who went on to run a rather good vineyard on his own. As Barrett said about the success, “Not bad for some kids from the sticks.”

Technology, lawyers, and new approaches to a business that has made a huge amount of money and that happens to bring joy to those who imbibe wine. What’s not to love? I, for one, will raise a glass to Barrett and hope that other kids from the sticks are inspired to try and do likewise in whatever field they love.

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Autonomous Vehicles: Unintended Upsides and Changes

Some day we might do away with pretext traffic stops, because some day autonomous vehicles will be common. At ReInventlaw Silicon Valley, David Estrada from GoogleX, made the pitch for laws to allow autonomous vehicles a bright future. He went to the core reasons such fuel sustainability and faster commutes. He also used the tear jerking commercial that showed the true benefits of enabling those who cannot drive to drive. I have heard that before. But I think David also said that the cars are required to obey all traffic laws.
If so, that has some interesting implications.

I think that once autonomous vehicles are on the road in large numbers, the police will not be able to claim that some minor traffic violation required pulling someone over and then searching the car. If a stop is made, like the Tesla testing arguments, the car will have rich data to verify that the car was obeying laws.

These vehicles should also alter current government income streams. These shifts are not often obvious to start but hit home quickly. For example, when cell phones appeared, colleges lost their income from high rates for a phone in a dorm room. That turned out out to be a decent revenue stream. If autonomous vehicles obey traffic laws, income from traffic violations should go down. Cities, counties, and states will have to find new ways to make up that revenue stream. Insurance companies should have much lower income as well.

I love to drive. I will probably not like giving up that experience. Nonetheless, reduced traffic accidents, fewer drunk drivers, more mobility for the elderly and the young (imagine a car that handled shuttling kids from soccer, ballet, music, etc., picking you up, dropping you home, and then gathering the kids while you cooked a meal (yes, should I have kids, I hope to cook for them). The time efficiency is great. Plus one might subscribe to a car service so that the $10,000-$40,000 car is not spending its time in disuse most of the day. Add to all that a world where law enforcement is better used and insurance is less needed, and I may have to give in to a world where driving myself is a luxury.

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The Rule of the Clan – Mark Weiner’s new book

What is happening with the world? Is it falling apart? Is the state the problem? Is everything to big? Is everyone better off breaking into small groups? Mark Weiner has answers in his book The Rule of the Clan. Understanding clans helps us understand the problems and relationships among individual liberty, the state, domestic policy, and foreign policy.

Mark Weiner is one of the best thinkers I know. I will note that Mark is one of my dearest friends as well. Mark has authored three books. The first two have won awards. The latest, Rule of the Clan, is, to me, yet more impressive. I will be posting more about this book. But for now, here is Mark on the Brian Lehrer Show.

Addictive by Design

I was honored to see Prof. John Banzhaf weigh in on a recent post on wellness programs. That post suggested parallels between the addictiveness of tobacco, and that of many food products. Little did I know the NYT was about to publish a blockbuster article on exactly that issue:

[In a 1999 meeting of food industry leaders,] [t]he first speaker was a vice president of Kraft named Michael Mudd. . . . As he spoke, Mudd clicked through a deck of slides — 114 in all — projected on a large screen behind him. The figures were staggering. More than half of American adults were now considered overweight, with nearly one-quarter of the adult population — 40 million people — clinically defined as obese. Among children, the rates had more than doubled since 1980.

Mudd then did the unthinkable. He drew a connection to the last thing in the world the C.E.O.’s wanted linked to their products: cigarettes. First came a quote from a Yale University professor of psychology and public health, Kelly Brownell, who was an especially vocal proponent of the view that the processed-food industry should be seen as a public health menace: “As a culture, we’ve become upset by the tobacco companies advertising to children, but we sit idly by while the food companies do the very same thing. And we could make a claim that the toll taken on the public health by a poor diet rivals that taken by tobacco.”

Fast food lawsuits are looking more prescient by the day.

Illustration: Via Engadget article on interactive ad patents.

Eurovision Song Copy Scandal

Germany is abuzz over accusations that its 2013 Eurovision nominee, Cascada, copied the song of 2012’s winner, Loreen. (Cascada’s Glorious is here; Loreen’s Euphoria is here.) Here’s Der Spiegel’s report:

Phonetician Tina John confirmed the plagiarism claims. “‘Glorious’ is a copy of ‘Euphoria’ with subtle stylistic differences,” she said. In terms of beat, vocals and pauses, the songs are very similar. “The vocals at the start are completely identical,” she adds. “The refrain uses the same emphasis and works up to a climax in an identical way. The singer even uses the same breathing style.”

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The Blue Book and its Times

Yale Robinson, a student in my Corporations class, today told me about his law review note topic, which happened to be in the same field as my Note, published back in 1987. After class, Yale went and found my Note and emailed me a report about it.  In the email, Yale added:

As an aside, it is amusing to see that the Table of Contents in the Cardozo Law Review of that time does not list the author of a Note, only the title, and the first page of the Note also does not give the author’s name. You have to go to the last page to see the author’s name. I don’t know why this was done, but it appears that this omission was rectified beginning with the April 1991 issue.

I replied as follows:

The curious style you mention was the standard practice at all law reviews at all schools for [decades, since 1926,] up through 1991 when the Blue Book announced the change. Before 1991, notes were “unsigned” and citation was merely to Note, . . .  rather than Cunningham, Note . . . .

Another practice changed around the same time: in the old days, only an author’s last name was used (Cunningham or Robinson etc); thereafter the first name and initial are included.

I think these changes reflect things about the times, such as elitism that wore away in the case of naming Note authors and a sense of full identity . . . in the case of the full name.

The keepers of the Blue Book keep citation practice up with the times.  Looking back at the styles of earlier eras can be amusing.  I wonder what other amusing anachronisms are to be found in the old style books.

 


You can see the covers of a dozen different editions of the Blue Book, from which the two in this post are taken, here 

 

 

 

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How do you say “copyright” in Zulu?

Woman reading Zulu newspaper

South African woman reading a newspaper in Zulu

Are the costs and benefits of copyright protection roughly the same in English and in Zulu? Or is copyright law’s impact radically different from one language to another?

Copyright protection gives authors the exclusive right to market their works. This has the benefit of channeling profits back to authors, enhancing the financial incentives to create new works. But it also has the cost of limiting competition, inflating prices for consumers, and restricting public access to existing works.

Copyright scholars have extensively debated these costs and benefits. But we have not yet done much thinking about how the cost-benefit calculus might play out for different languages.

That project lies at the heart of my current work-in-progress, which advocates targeted copyright reforms to promote publishing in lesser-spoken languages.

From an economic perspective, the publishing market is fundamentally different from one language to another. English books can be marketed to an enormous and wealthy global audience. The audience for Zulu works, however, is 1% as large and has significantly less disposable income.

Scholars continue to debate the relative effectiveness of financial versus nonfinancial incentives for authorship. But there is no doubt that the incentives are powerfully present for English-language works. That does not appear to be true for works in Zulu.

According to recent data, 77% of books sold within South Africa are in English, though only one in ten South Africans speaks English at home. The vast majority of South Africans speak African languages such as Zulu. Yet books in all African languages combined account for only 11% of the South African publishing market. Of African language book sales, 89% are textbooks, subsidized by government purchasing.

The copyright system that has so effectively incentivized the production and distribution of works in English has not produced equivalent benefits in Zulu. The costs of copyright protection – including higher prices and barriers to translation – are also particularly burdensome for the Zulu-speaking community.

In theory, the costs of copyright protection may outweigh the benefits in many linguistic communities characterized by small size and low wealth. I’m working now on some case studies to see whether facts on the ground support that prediction.

If so, my suggestion is not to change copyright law generally, but to adjust the rules for certain languages. There are thousands of different linguistic communities in the world, each as unique as the various expressive works that copyright law protects. A one-size-fits-all regime is unlikely to be ideal.

Reforms to strike the right balance could be implemented at the level of national policy making. By treating different languages differently, countries may be able to improve publishing in languages such as Zulu without prejudicing the interests of authors and publishers in the dominant markets.

In a series of posts during my month as a Co-Op guest blogger, I’ll explore how we might structure such reforms and other issues raised by this project.

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The Good Life and Gun Control

Like many of you, I’ve been horrified by the events in Newtown, and dismayed by the debate that has followed.  Josh Marshall (at TPM) thinks that “this is quickly veering from the merely stupid to a pretty ugly kind of victim-blaming.”  Naive realism, meet thy kettle!  Contrary to what you’ll see on various liberal outlets, the NRA didn’t cause Adam Lanza to kill innocent children and adults, nor did Alan Gura or the army of academics who helped to build the case for an individual right to gun ownership.  Reading discussions on the web, you might come to believe that we don’t all share the goal of a society where the moral order is preserved, and where our children can be put on the bus to school without a qualm.

But we do.

We just disagree about how to make it happen.

Dan Kahan’s post on the relationship between “the gun debate”, “gun deaths”, and Newtown is thus very timely.  Dan argues that if we really wanted to decrease gun deaths, we should try legalizing drugs.  (I’d argue, following Bill Stuntz, that we also/either would hire many more police while returning much more power to local control).  But decreasing gun deaths overall won’t (probably) change the likelihood of events like these:

“But here’s another thing to note: these very sad incidents “represent only a sliver of America’s overall gun violence.” Those who are appropriately interested in reducing gun homicides generally and who are (also appropriately) making this tragedy the occasion to discuss how we as a society can and must do more to make our citizens safe, and who are, in the course of making their arguments invoking(appropraitely!) the overall gun homicide rate should be focusing on what we can be done most directly and feasibly to save the most lives.

Repealing drug laws would do more —  much, much, much more — than banning assault rifles (a measure I would agree is quite appropriate); barring carrying of concealed handguns in public  (I’d vote for that in my state, if after hearing from people who felt differently from me, I could give an account of my position that fairly meets their points and doesn’t trade on tacit hostility toward or mere incomprehension of  whatever contribution owning a gun makes to their experience of a meaningful free life); closing the “gun show” loophole; extending waiting periods etc.  Or at least there is evidence for believing that, and we are entitled to make policy on the best understanding we can form of how the world works so long as we are open to new evidence and aren’t otherwise interfering with liberties that we ought, in a liberal society, to respect.”

Dan’s post is trying to productively redirect our public debate, and I wanted to use this platform to bring more attention to his point.  But, I think he’s missing something, and if you follow me after the jump, I’ll tell you what.

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