tag:blogger.com,1999:blog-63990342011-07-14T17:50:06.280-07:00A blog about legal stuff. And other stuff. Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comBlogger5231100tag:blogger.com,1999:blog-6399034.post-1113412325811262592005-04-13T10:12:00.000-07:002005-04-13T10:12:05.810-07:00

Yo, for anyone wandering by, Lance McCord has graciously asked my to group blog over at Perpwalk for the time being. Come check it out.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1106159852343881852005-01-19T10:27:00.000-08:002005-01-19T10:37:32.343-08:00

Dear reader, I think I'm going to have to end my blogging for a while. Ever since getting back and starting this semester, I feel a little overwhelmed by work, and other things loom larger in my free time than blogging. My blog reading is down, which may be a good thing. I would still like to blog in the future, but I think I will suspend my activity until such time as I can devote more time to

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1105136712206472292005-01-07T14:25:00.000-08:002005-01-07T14:25:12.206-08:00

So I fly to Japan, and it snows in Tokyo. I am assured this is rare. Two days later it snows a lot harder. I go out to visit a friend in Kyoto, and it rains. I fly back, huge rain storm in L.A. At least I missed the tsunamis. Summary of why Japan kicks ass: squid tenticles on a stick.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1104207354401590282004-12-27T20:15:00.000-08:002004-12-27T20:15:54.400-08:00

I'll be flying to Japan tomorrow, and blogging will likely be non-existent until I return. Both of my readers will have to amuse themselves elsewhere. For now, an early "happy new year."

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1104115280038499582004-12-26T18:41:00.000-08:002004-12-26T18:41:20.036-08:00

A travesty is unfolding in Virginia as a former same-sex couple struggles over custody and visitation rights of their child. (Brief news blurb here). Lisa Miller-Jenkins gave birth to a daughter, conceived by artificial insemination, in Virginia. Her former partner, Janet Miller-Jenkins, had been given partial visitation rights by a Vermont court. The two had been civilly united in Vermont,

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1103819111088934832004-12-23T08:25:00.000-08:002004-12-23T08:25:11.086-08:00

So, I hear today is Festivus. It's also my birthday. I'm not quite sure what to make of that. I hope it at least makes me immune from the airing of grievances and the feats of strength.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1103598438974637642004-12-20T19:07:00.000-08:002004-12-20T19:07:18.973-08:00

Professor Bainbridge has this mini-roundup of Professor Sander's affirmative action findings in the news, including Sander's L.A. Times op-ed, and some thoughts on Professor Liu's op-ed, which I comment on directly below.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1103583000808089352004-12-20T14:50:00.000-08:002004-12-20T14:50:00.806-08:00

How Appealing points to this op-ed by Law Professor Goodwin Liu challenging Professor Richard Sander's latest article on whether affirmative action actually decreases that number of black lawyers that would graduate and pass the bar. A summary of Professor Sander's article was posted on the Volokh Conspiracy some time ago, and can be accessed here, here, here, and here. I do not know enough

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1103336138034512742004-12-17T18:15:00.000-08:002004-12-17T18:15:38.033-08:00

Finished Professor Bainbridge's final today, finishing off the fall semester of my 3L year. I eagerly await my Cs.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1103336076109067062004-12-17T18:14:00.000-08:002004-12-18T10:38:10.450-08:00

Sound Politics has been keeping a close eye on the numerous recounts in the Washington state governor's race between Democrat Christine Gregoire and Republican Dino Rossi. The whole process is laughable, but one incident in particular, if true, is absolutely incredible:The oval for Gregoire was filled in and the write-in line had the name "Christine Rossi" written in. The Canvassing Board voted

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1103095079983194572004-12-14T23:17:00.000-08:002004-12-14T23:17:59.983-08:00

Well, with some Supreme Court decisions finally coming out, perhaps it is time to engage in some light blawging. Although there is that delightful case that parses the meaning of "subparagraph" and "clause" in statutory construction, including a separate opinion by Scalia describing how the Court screwed it up, my attention is on the odd case of Florida v. Nixon. Here, defendant Nixon committed

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1102999859622391702004-12-13T20:50:00.000-08:002004-12-13T20:50:59.623-08:00

Got my MPRE results in the mail, and even though I look considerably more ethical than I actually am, I managed to score high enough for California. That test sucks.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1102993530527419762004-12-13T19:05:00.000-08:002004-12-13T19:06:15.346-08:00

Watching Hannity and Colmes for some reason, and they are debating whether Mel Gibson's The Passion of the Christ was rightfully or wrongfully snubbed at the Golden Globe noms. I have not seen it, and cannot say anything to the substance of the filmmaking or other quality. But, to the argument that the most popular film of the year does not say anything about the best film of the year, I say:T[

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1102993174915951722004-12-13T18:59:00.000-08:002004-12-13T18:59:34.916-08:00

One down, two to go.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1102714517900843062004-12-10T13:12:00.000-08:002004-12-10T13:35:17.900-08:00

Like many, I too was surprised by the Star Wars SE addition of Greedo firing a shot at Han in the cantina before being blown away by Han Solo. However, I have come to understand it, and even support it. Will Baude has recently described the change thusly: "[T]he early Han is turned from a guy living on the edge, constantly forced to stay a step and a shot ahead of his debts, into a schmuck

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1102629120532487482004-12-09T13:31:00.000-08:002004-12-09T13:52:00.533-08:00

Having completed the latest of many law school exams, something really struck me for the first time: I didn't spend nearly enough time preparing for the actual process of writing the exam, even though I thoroughly studied the subject matter. I got to thinking how odd this actually is. In the law, there are several forums where a lawyer is expected to perform: the trial courtroom, informal

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1102547269849402962004-12-08T15:07:00.000-08:002004-12-08T15:07:49.850-08:00

I memory of John Lennon on the day of his death, I thought I'd link to a unique piece of history: his FBI file.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1102309872600143782004-12-05T21:11:00.000-08:002004-12-05T21:11:12.600-08:00

I'll break my blogging fast to note how truly awful Rotten Tomatoes has rated Christmas with the Kranks: a paltry 4 percent fresh rating. Still, it could be worse.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1102042951303635262004-12-02T19:02:00.000-08:002004-12-02T19:02:31.303-08:00

With more Law Review work going on and finals beginning next week, there isn't a lot of time for serious blogging. Look out for life on the Red Planet.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101781516671586712004-11-29T18:25:00.000-08:002004-11-29T18:25:16.670-08:00

A while back, I wrote a bit about a conservative group's challenge to same-sex marriage in Massachusetts under the U.S. Constitution's "Guarantee Clause," which guarantees a "republican form of government." The Supreme Court denied cert. recently (here's the CNN story). Past posts are here, here, here, and here.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101778982417475752004-11-29T17:43:00.000-08:002004-11-29T17:43:02.416-08:00

Today's Daily Bruin runs a story on UCLA Law prof Richard Sander's affirmative action study, which does a good job of explaining the details. Professor Sander is someone I admire greatly who takes the intellectual high road when dealing with his detractors, and this is no exception. For those of you looking for a rebuttal, there is this essay by the Equal Justice Society.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101768861803878292004-11-29T14:54:00.000-08:002004-11-29T14:54:21.803-08:00

I've heard a little bit about the proposal in California to tax cars by the mile instead of taxing gas. Apparently, Oregon will be testing such a plan in 2005. I agree with the counterargument that this will tax people regardless of whether they drive a fuel efficient vehicle or a gas guzzler; if the gas tax were repealed, then this tax would not encourage greater efficiency, though people

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101766752548887352004-11-29T14:19:00.000-08:002004-11-29T14:19:12.546-08:00

Everyone has already heard of the potential stem-cell triumph in Korea. I hope this kind of research pans out, and more people benefit from this amazing medicine. I also join Professor Bainbridge in pointing out that these are not embryonic stem cells, but umbilical cord cells, so it doesn't really inform the moral debate about such embryonic cells. On the one hand, it shows promise for the

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101695673721908992004-11-28T18:34:00.000-08:002004-11-28T18:34:33.720-08:00

Just returned home from NoCal. It turns out I can make a decent pumpkin pie.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101345950740640142004-11-24T17:25:00.000-08:002004-11-24T17:25:50.740-08:00

Via Wizbang, I give you Rep. Loretta Sanchez (D-CA):I believe that we made mistakes. The media certainly is not in our hands any longer, and, in particular, radio talk shows where that is completely in the opposition's hands, and they use it effectively against us. (emphasis everybody-but-her's).Even if this is just a "I voted for it before I voted against it" moment, it is a moment nonetheless.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101345216594291842004-11-24T17:13:00.000-08:002004-11-24T17:13:36.593-08:00

Sometimes I wonder if people make too much of silence. For instance, Kevin Drum called for an outcry against affirmative action from right wing bloggers over progams that favored males; a preemptive strike against expected silence. Power Line notes the silence in Hollywood over the Van Gogh slaying in the Netherlands. For what? Does these groups' silence really condone the actions they are

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101265563838878992004-11-23T19:06:00.000-08:002004-11-23T19:06:03.836-08:00

Like the dutiful fanatic I am, I rushed out to buy the hard copy of the latest release by the greatest band of all-time, U2: How to Dismantle an Atomic Bomb. The first listen was a bit disappointing. You know the songs on Achtung Baby that come after Mysterious Ways that are just ok? I often end up skipping those when I'm not in the full-album mood. That's what Atomic Bomb felt like (other

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101180140195777032004-11-22T19:22:00.000-08:002004-11-22T19:22:20.196-08:00

So I was curious today and did a Google search for Kazaa Lite, the no-spyware version someone made of Kazaa. It turns out that Google has removed several entries from its listings because of a complaint under the DMCA, which I was unaware of before seeing it listed at the bottom of the search page. This, however, has nothing to do with the RIAA; the owners of Kazaa, some of the uncleanest hands

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101173186391859512004-11-22T17:26:00.000-08:002004-11-22T17:26:26.390-08:00

Having only conducted one trial myself, and having watched a handful more, my experience in trial matters is certainly limited, but my impression of the Scott Peterson verdict after reading this is that it was fairly decided, despite what TalkLeft might say. The jurors seemed to have taken their roles very seriously, especially those who did not make it until the end. "Greg Jackson, the

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1101083037061437772004-11-21T16:23:00.000-08:002004-11-21T16:23:57.060-08:00

Apparently, Kevin Drum is expecting a "stream of outraged posts and crosstalk" from conservative bloggers over this use of affirmative action that benefits boys over girls. And I expect a torrent of posts from Kevin and like minded bloggers over why this form of affirmative action is great. Unless, of course, it turns out after all that the so-called "diversity" proponents scream about really

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100969243202676072004-11-20T08:47:00.000-08:002004-11-20T10:36:23.276-08:00

Continuing the long process of getting a law review issue ready for print by making everything look nice on the page. Three articles down, two to go.8:46 AM: Came in early to work on the last article that needs footnote tweaking. But first! Coffee. Got some flavored coffee out of the machine, which tastes kinda good, but is making me question my masculinity.9:03 AM: It's quiet here in the

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100885431050329142004-11-19T09:30:00.000-08:002004-11-20T08:45:20.053-08:00

Today, the UCLA Law Review is putting its final touches on Volume 52, Issue 2. It is a time consuming process, whereby two members typeset the words on the page (in Word), the EIC checks it out, and I scramble to finish footnote stuff. The players: Me (Ichi), The Angry Clam, Cosimo, and Lesley the Chick. UPDATE: 10:19 entry modified slightly to remove author name.9:28 AM: Arrived at the

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100799003457475232004-11-18T09:28:00.000-08:002004-11-18T09:30:03.456-08:00

Congrats to Chris Geidner for the Insta-lanche. 'Bout time more blog readers read his stuff.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100734804630800602004-11-17T15:17:00.000-08:002004-11-17T15:40:04.630-08:00

Now, I dislike Mircosoft: I think its products are inferior, its programmers are sloppy, and they purposely put better companies out of business through market share. Wizbang has a post up about Microsoft getting sued ever time it includes a new "free" feature with a Windows component, which is probably true, since I doubt these businesses appreciate having a competitor given away for free.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100556785046417092004-11-15T14:13:00.000-08:002004-11-15T14:13:05.046-08:00

Posting quantity may be low this week. Law review stuff. For those who care.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100501522293334202004-11-14T22:52:00.000-08:002004-11-14T22:52:02.293-08:00

Insta-attention for ninjas, but Ichi-readers have been in the know for some time now via the link way the hell at the bottom of the page, and the book on the left. Buy the book!

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100459705743146132004-11-14T11:15:00.000-08:002004-11-14T11:15:05.743-08:00

In the Holy Crap segment tonight, this story about a 59-year-old great-grandmother is pregnant with twins. This means the children, when born, will be younger than their own nieces' or nephews' children's children.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100392198583412392004-11-13T16:13:00.000-08:002004-11-13T16:29:58.583-08:00

OxBlog has a complaint about the timing of Star Wars: Episode III: Offhand I can't remember, but I think it was Pejman who pointed out the extremely annoying (chrono)logical flaw in the premise of Episodes I-III, i.e. that in the interval between Episodes III and IV, which is clearly less than thirty years, the entire known universe has forgotten about the Jedi so much so that they believe the

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100329028294164782004-11-12T22:57:00.000-08:002004-11-12T22:57:08.293-08:00

The OmbudsGod remings us that Veterans Day was originally Armistice Day, commemorating the end of the "War to End All Wars." Somewhat belatedly, and because I probably won't be blogging too much this weekend, passers by should remember those who died in that largely forgotten war, and how staggering the power of human destructiveness can be. It's my first attempt at an internet table, so

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100242969263969362004-11-11T23:02:00.000-08:002004-11-12T16:39:21.403-08:00

Tomorrow I take the MPRE.UPDATE: Today I took the MPRE.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100230440077123992004-11-11T19:34:00.000-08:002004-11-11T19:34:00.076-08:00

For all you global warming junkies, here is a report by the Arctic Climate Impact Assessment, predicting impending doom due to man made atmospheric carbon dioxide concentrations. A lesser stated point is the impact of water vapor on the "greenhouse effect," and man's impact on heat trapping when water vapor is taken into account.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100218033242534562004-11-11T16:02:00.000-08:002004-11-11T16:07:13.243-08:00

of a person's life could be how they are talked about after death, or some deep-sounding drivel like that. But stories like this one make such ideas seem very appropriate: "CBS appologizes for interrupting CSI to report Arafat's death" (via Drudge).

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100217356422624042004-11-11T15:54:00.001-08:002004-11-11T23:23:28.650-08:00

Apparently, I've been living a lie--I'm an irredeemably eejitous, liberal, tight as fuck, pathetically simple-minded, dribbling child!What are you?Brought to you by Rum and MonkeyUPDATE: For those of us who wonder what "eejitous" means, this is the best I could do:One entry found for eejitous.Main Entry: eejitousPronunciation: ‘e-jE-tOsFunction: adjectiveInflected Form(s): -er; -estDate: 20031 :

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100210641017906782004-11-11T13:16:00.000-08:002004-11-11T14:04:01.016-08:00

Patterico posts here about why we should overturn Roe v. Wade based on the idea of self-government. To me, the decision is similar--it's about who the proper decision-maker is to make these social policy decisions--and judges seem like an exceedingly poor choice. However, the reason for courts deciding these issues that I have found most persuasive was Randy Barnett's reasoning in his book

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100206950539460642004-11-11T11:26:00.000-08:002004-11-11T13:02:30.540-08:00

In my previous post regarding bidding up auctions on Ebay, I took the position that such bids are not a bad thing, and do nothing more than charge the price that the buyer is willing to pay. The Clam, as is his wont, pointed out in comments that some states have laws against straw bids at auctions. Given that, I'll try my hand at some econo-blogging. It may make good sense to forbid straw bids

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100142530029322492004-11-10T18:56:00.000-08:002004-11-10T19:08:50.030-08:00

A while back I blogged about the pending Supreme Court case, Illinois v. Caballes, comparing the use of dogs to the use of other technology to reach into areas previously thought private. This article discusses the oral arguments and brings up some odd points, in my mind at least. The justices, and the attorney for the defendant, brought up the issue of dignity, but did it in a rather

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100113428257915722004-11-10T11:02:00.000-08:002004-11-10T11:03:48.256-08:00

In the Holy Crap segment tonight, something quite literal (via Fool).

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100045806879057102004-11-09T16:03:00.000-08:002004-11-09T16:16:46.880-08:00

Well, we've all heard by now that John Kerry may contemplate another presidential run in 2008. I'm not sure what to think about this, since I'm sure by then the party will realize what they need to do better, but some qualities about Kerry just don't seem salvagable. But here's a thought, half-kidding and half-serious: Kerry should write down every major decision he would have made if he were

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1100044720748698912004-11-09T15:49:00.000-08:002004-11-09T15:58:40.746-08:00

The AP reports here that New York mayor Michael Bloomberg's administration lost its challenge to a city law "that requires companies [the city] does business with to give the same benefits to their employees' domestic partners that they give to spouses." The mayor argued that the city would lose too much money by not engaging incompetitive bidding. Although there may have been a technical or

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099959294103406072004-11-08T16:14:00.000-08:002004-11-08T16:14:54.103-08:00

Wizbang links here to an AP story about how sellers on Ebay bid up their items to get more money. The process as I understand it (from watching my friends do it): a dummy account owned by the seller is used to bid on the item, thus upping the price for anyone else who wants to buy it since they now have to outbid the seller until the seller feels the price is too high. My intuition: so what?

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099953456296469202004-11-08T14:37:00.000-08:002004-11-08T14:37:36.296-08:00

A proposal for new top level domains seems not to be doing so well. Some of the selections are meant to encourage free speech by creating names that accurately label the activity people want to communicate, like .union, .complaints, and, my favorite, .sucks. I'm a big fan of accurate domain suffixes to facilitate government regulation without trampling on speech rights. For example, a

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099952340670075422004-11-08T14:19:00.000-08:002004-11-08T14:19:00.670-08:00

Having just read United States v. Mead Corp. for admin law, here's a great line from Scalia's dissenting opinion:The Court has largely replaced Chevron, in other words, with that test most beloved by a court unwilling to be held to rules (and most feared by litigants who want to know what to expect): th' ol' "totality of the circumstances" test.United States v. Mead Corp., 533 U.S. 218, 241 (

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099950888274362782004-11-08T13:54:00.000-08:002004-11-08T13:54:48.273-08:00

As I posted before, Professor Rick Sander is blogging over at The Volokh Conspiracy this week about his recent paper on the empiracle effects of affirmative action in law schools on blacks. The first post is here. Anyone who happens by this site and doesn't already read the Conspiracy is advised to check it out.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099891294679346642004-11-07T21:21:00.000-08:002004-11-07T21:23:31.313-08:00

The great ampersand has written an interesting post about the logic of denying same-sex marriage based on the idea that children should be raised by opposite-sex couples. His assumptions are basically that 1) equal treatment of same- and opposite-sex marriage by the government does not say anything about their comparative worth, while unequal treatment stigmatizes same-sex couples, and 2) making

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099870037334431422004-11-07T15:27:00.000-08:002004-11-07T15:27:17.333-08:00

For some Sunday Go blogging, I turn to the most famous move in Go history: the Ear Reddening Move of Shusaku. Honinbo Shusaku lived during the middle of the nineteenth century, and is arguably the greatest Go player to ever live, also popular today from the comic book series Hikaru no Go ("Hikaru's Go"), a 23-volume manga series about a board game with a fanatical fan base. Go achieved great

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099867123843134072004-11-07T14:38:00.000-08:002004-11-07T14:38:43.843-08:00

Over at Ignore Moore, there is this post titled " How can Moore's 55,949,407 fat cells be so wrong?" While this may have the desired rhetorical effect, the numbers seem off: "The average adult has between 40 and 50 billion fat cells." Never mind that this number comes from a site called The Bible UFO Connection--to adapt a phrase, I'll call it "crazy, but accurate."

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099810030543250372004-11-06T22:47:00.000-08:002004-11-06T22:47:10.543-08:00

Damn.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099808429525331252004-11-06T22:20:00.000-08:002004-11-06T22:21:00.546-08:00

Orin Kerr points to this story (via TalkLeft) of a wrongful conviction--a man who served twenty years in prison wrongly accused of child molestation. The two victims, 4 and 6 at the time, recanted their stories, triggering a retrial, and the charges were dropped. There is no accusation of prosecutorial misconduct. However, there is another tragedy here. The real abuser, then a nine year old

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099780861072474932004-11-06T14:41:00.000-08:002004-11-06T14:41:01.073-08:00

It's been a fairly good Saturday for me so far. I haven't done a lick of school work yet, managed to get an oil change, and was pleasantly surprised when my oil change came with some free tacos. I haven't encountered any rabid bats, so I haven't had to resist the urge to play hacky sack with one. I respect the power of the crossbow. Over at Andrew Sullivan, this email is interesting,

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099764481379139742004-11-06T10:08:00.000-08:002004-11-06T10:08:01.380-08:00

The Donald is being sued for copyright infringement for two condos he is building in Miami. An architect claims he brought similar designs to Trump, but they were rejected, and is now dismayed at seeing these similar buildings being erected on the coast. He is asking for an end to construction and destruction of the buildings. Architectural works are protected by copyright, specifically named

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099727707777005562004-11-05T23:55:00.000-08:002004-11-05T23:55:07.776-08:00

He's got it all figured out:The evil Kapitalist Konservative Khristians (KKK), under the supervision of the reverse vampires, and the "saucer people", who invented guns in order to kill black people and possibly gays, having taken control of the United States of Amerika by force in 2000, brainwashed 51% of the country (and at least one Canadian Kanadian) in order to take control of the world's

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099727081543202322004-11-05T23:44:00.000-08:002004-11-05T23:44:41.543-08:00

Pejman Yousefzadeh is learning to play Go, the ancient Chinese board game that was made into a high art in Japan. Frequent visitors to my site (both of you) may have noticed that I have a few Go links on the sidebar, and though I by no means can brag about my skills, I'm no slouch. Since the one unique thing I might bring to the blogosphere might be Go-blogging, I suggest everyone take up the

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099701155378419452004-11-05T15:47:00.000-08:002004-11-05T16:32:35.376-08:00

As many readers of better blogs will have heard by now, UCLA law professor Rick Sander has recently written an article on an imperical analysis of affirmative action on producing black lawyers is society. Professor Sander is guest-blogging over at The Volokh Conspiracy, and will no doubt have interesting things to say for the next week. Today, the dean of our law school sent out this letter

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099671214673399822004-11-05T08:13:00.000-08:002004-11-05T08:13:34.673-08:00

In the Holy Crap segment tonight, people from Texas are among the most badass on the planet. The proof is this headline: Texas Teens Play Hacky Sack with Rabid Bat. 'Nuff said.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099625999226123962004-11-04T19:39:00.000-08:002004-11-04T19:39:59.226-08:00

The BBC has this list of posts about why people voted for Bush (link via InstaPundit). There is a wide range of interesting responses, but most interesting is this one: I voted for Bush because I a run a larger corporation that needs him in office. Without the Bush administration's alterations of previously existing law, my company would not be able to make such large profits. The administration

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099624388834060692004-11-04T19:12:00.000-08:002004-11-04T19:13:08.836-08:00

Fool has taken issue with my previous post about why the police should not have a duty to enforce a restraining order over and above the duty to enforce the law generally, which means no liability to individuals for not enforcing the law to their benefit. He makes some good points, but I think ultimately places too much weight on the restraining order as an ex ante preventer of crime that should

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099614916719962662004-11-04T16:35:00.000-08:002004-11-04T16:35:16.720-08:00

My quoted sentence from some dude named Greg was noticed, I see.Is anything on that site about movies?

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099614816343769592004-11-04T16:33:00.000-08:002004-11-04T16:33:36.343-08:00

Well, Blogger decided that it wanted to delete about 2/3 of my blog template, which rendered my site inoperable for a while. Fortunately, I had an old backup, and am now up and running again. I hate Blogger.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099613563165556322004-11-04T15:52:00.000-08:002004-11-04T16:12:43.166-08:00

People should remember that there are a number of issues out there besides abortion to consider when thinking about conservative judicial appointments. After all, most of what the federal courts do is interpret statutes, and plenty of hot social issues go under the radar. It is not at all certain that judges of particular political persuasions vote in solid blocks on all imporatant issues. For

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099612317418192682004-11-04T15:41:00.000-08:002004-11-04T15:51:57.416-08:00

Much buzz is being generated by Arlen Specter's statements about Bush's judicial nominations, basically that he shouldn't nominate anyone conservative. For example, check out Professor Bainbridge's thoughts here. A friend was also arguing yesterday that Bush doesn't "own the world," and should not, therefore, try to advance his agenda through the courts. After all, he only got 51 percent of

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099516848970993002004-11-03T13:09:00.000-08:002004-11-03T13:20:48.970-08:00

Now that politics is over for a while, I will probably find it easier to stop blogging politics, which I think will be better for the Earth as a whole. I don't think I was really very good at it. Anyway, I do have some thoughts on where the Democratic party needs to go, and what this means for the Republicans. Some have postulated that the Dems need to move towards the center in order to

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099417218731984612004-11-02T09:36:00.000-08:002004-11-02T09:40:18.733-08:00

Cast my ballot early this morning, and I urge everyone out there who read this site (both of you) to vote Dubya. And if Kerry wins, I plan to grumble a little, but will support our new Commander in Chief. I hope neither side does anything (more) that they'll be ashamed of, and that this turns out to be a reasonably clean election.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099352622788659292004-11-01T15:01:00.000-08:002004-11-01T15:43:42.786-08:00

According to this AP story, the Supreme Court "will decide whether local governments can be sued for failing to enforce restraining orders." The specific case involves sypathetic facts, where a mother allegedly called repeatedly over a five hour period for the police to enforce a restraining order against her estranged husband, who later killed their three daughters. Her suit is asking for $30

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099241603363146322004-10-31T08:53:00.000-08:002004-10-31T08:53:23.363-08:00

. . . he's right. According to MooreWatch, the film maker had this to say about downloading his movie, Fahrenheit 9/11:I don’t agree with the copyright laws and I don’t have a problem with people downloading the movie and sharing it with people. As long as they’re not doing it to make a profit, you know, as long as they’re not trying to make a profit off my labor. I would oppose that.That

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099178451673289682004-10-30T16:20:00.000-07:002004-10-30T16:20:51.673-07:00

Seanbaby is back, and so everyone should read his essay on why America rules.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099172466359581362004-10-30T14:41:00.000-07:002004-10-30T18:44:44.000-07:00

Apparently Walter Cronkite (via Drudge) opined that Karl Rove was behind the bin Laden tape. Wow. How about a libel suit? The First Amendment protects statements about public figures on matters of public concern from libel suits unless the speaker had "actual malice," meaning that the speaker was at least reckless about the statement's falsity (get Professor Volokh's textbook today). In other

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099168514084667952004-10-30T13:35:00.000-07:002004-10-30T13:35:14.083-07:00

Many have linked to the Belmont Club's analysis of the bin Laden tape, which basically concludes that it is an offer of surrender: "if you leave us alone we will leave you alone." Thinking back, though, the whole analysis of the war on terror, 9/11, and a diplomatic solution with the Islamic world has come full circle. Weren't the liberal pundits the ones advocating a better understanding of

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099104690924967462004-10-29T19:51:00.000-07:002004-10-29T19:51:30.923-07:00

Perusing some proposed legislation, here are some of the more interesting proposed constitutional amendments circulating in Congress:All citizens of the United States shall have a right to a home, which right shall not be denied or abridged by the United States or any State.Congress shall have the power to enact a line-item veto.All citizens of the United States shall have a right to a clean,

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099089709263813702004-10-29T15:41:00.000-07:002004-10-29T16:23:45.810-07:00

Drudge has the goods on a transcript of the bin Laden tape. Some interesting points:And [George Bush senior?] was feeling jealous they [arab leaders] were staying for decades in power stealing the nations finances without anybody overseeing them. So he transferred the oppression of freedom and tyranny to his son and they call it the Patriot Law to fight terrorism. He was bright in putting his

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099088511685610222004-10-29T15:21:00.000-07:002004-10-29T15:21:51.686-07:00

Just got an email from the UCLA School o' Law office of career services, and it has announced a resume and cover letter writing workshop for 1Ls. What fool decided it was a good idea to complicate the first semester of 1L year with pressure about finding a job? This person was obviously never in law school, and judging from the general quality of OCS here, probably isn't too good at finding a

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099077773595390732004-10-29T12:22:00.000-07:002004-10-29T12:22:53.596-07:00

Reuters has the details on a theory that could give George W. Bush the presidency with John Edwards as his vice president (hat tip How Appealing). Under the Constitution, article II, section 1, cl. 3, if the electoral college produces a tie, the House of Representatives will vote, by state, to decide the presidency, and the Senate decides the vice presidency. In theory, this could split the

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099072493918076412004-10-29T10:54:00.000-07:002004-10-29T10:54:53.916-07:00

So, the Curse of the Bambino has been broken. While the Red Sox revel in their victory, let's pay our proper respects to the Curse itself. After all, it was quite impressive: 86 years, and by a non-mummy.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099020923176931692004-10-28T20:35:00.000-07:002004-10-28T20:35:23.176-07:00

. . . because Ashton Kutcher is out there campaigning for Kerry! For those of us who don't get over to Kerry's blog a whole lot, here's the scoop. It begins with a touching moment from Kerry's two step-sons: Chris [Heinz] introduced the student-dominated crowd to John Kerry the man and John Kerry the stepfather by talking about the unexpected death of his own father in 1991, and about how John

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1099017571167073652004-10-28T19:39:00.000-07:002004-12-03T11:21:32.016-08:00

UPDATE: For those of you coming from Spoons, thanks for visiting, and please also visit my main page. I'm a little peturbed whenever people think that conservative judges, particularly Scalia or Thomas, are "extreme" in their views. That's why I take issue with this letter to The Repository (Canton, Ohio, link via How Appealing, and requires registration) which describes Bush's appointees as

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098931613714774582004-10-27T19:46:00.000-07:002004-10-27T19:46:53.713-07:00

Had an interesting conversation with folks in a coffee house last night, and I feebly tried to defend the electoral college against attack, without much success. When it comes down to it, why do we really keep it around? I found it very difficult to articulate a reason, especially when the alternative is pure popular sovereignty. A few thoughts:Geography has value, not just population.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098756175715145712004-10-25T19:02:00.000-07:002004-10-25T19:02:55.716-07:00

Douglas Berman has suggested that Kerry really jump on the Red Sox bandwagon. Maybe so. But then should Bush show up in St. Louis? He could even play it off by wearing an Astros hat. If asked, "since the team from Texas lost, I want them to have lost to the best: Go Cards!" This would avoid the otherwise randomness of rooting for the Cardinals. I don't know how much animosity there is

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098741532965094452004-10-25T14:47:00.000-07:002004-10-25T14:58:52.966-07:00

Stuart Benjamin posts here about how the White House apparently missed an opportunity to strike an Iraqi camp containing the now-household-name terrorist Zarqawi just before the start of the Iraq war. I really don't know what this suggests about the Bush administration and the war. For one, this was a tense time with diplomatic relations about Iraq; a military strike may have been unwise at the

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098739871294472832004-10-25T14:03:00.000-07:002004-10-25T17:45:53.860-07:00

We all wish a speedy recovery to Chief Justice Rehnquist after he was hospitalized for cancer. Worst case scenario planners, such as myself, might wonder what would happen if he were permanently incapacitated while still in office. After all, cased have already been heard this term. Do they have to start over? Under the U.S. Code, it appears the Court will just continue on without the Chief

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098722516326679262004-10-25T09:29:00.000-07:002004-10-25T09:41:56.326-07:00

Professor Bainbridge informs us all that it's St. Crispin's Day, and reprints the awesomeness of the speech of the same name from Shakespeare's Henry V. Committing english major blasphemy, I never liked Shakespeare that much, with a few huge exceptions. Henry V is awesome, and not just because the French get their asses kicked at the Battle of Agincourt Field. King Henry's character is a truly

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098646801028469992004-10-24T12:40:00.000-07:002004-10-24T12:40:01.026-07:00

Guano Apes.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098554629060898552004-10-23T11:03:00.000-07:002004-10-23T11:15:57.513-07:00

This Posner article against law reviews has been making the rounds, notably at Handful o' Sand here and Crescat here and here. Naturally, as a law review member I have personal feelings on the subject, but I want to confine myself to article selection, which seems to be one of Posner's sticking points. The ideal solution would be to create a few independent publishing houses, not affiliated

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098477930058736912004-10-22T13:43:00.000-07:002004-10-22T13:45:30.060-07:00

Interesting use of the tax laws by the Los Angeles Opera: Q: Can I get a refund on my tickets if I can not attend? A: No, refunds are not given on ticket purchases, as all sales are final. However you do have the option of donating your tickets back to Los Angeles Opera for a tax deduction.How nice of them.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098477286875769172004-10-22T13:29:00.000-07:002004-10-22T13:34:46.876-07:00

This is a picture of John S. Pemberton, the inventor of Coca-Cola, from 1890, available from the Coca-Cola website (also available in huge). I write separately just to taunt Coke's image policy: "These photos are for editorial use only in newspapers, news magazines, trade publications and broadcast media. All images remain the property of The Coca-Cola Company. Under no circumstances can these

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098472074390611392004-10-22T11:49:00.000-07:002004-10-22T12:07:54.390-07:00

FactCheck.org has apparently debunked Bush's latest tax ad, accusing Kerry of voting for "higher taxes" on numerous occasions (link via TaxProf Blog). Although not false, FactCheck dubs the two ads "misleading" in numerous respects, and I'm inclined to agree. Read the whole thing. I don't like it when candidates come close to the line like this. However, if Kerry does get to the White House

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098464833402130902004-10-22T10:07:00.000-07:002004-10-22T10:07:13.403-07:00

Will Baude notes here the recent Ninth Circuit decision that denied standing to whales to sue in federal court, but opined that whales could have standing to sue if Congress gave them that power through statute. This seems doubtful.Standing is a constitutional doctrine that only allows courts to hear concrete "cases or controversies," not abstract, potential, or theoretical claims. Standing

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098402833038664202004-10-21T16:53:00.000-07:002004-10-21T16:53:53.036-07:00

In 2001, the United Nations Office of Drugs and Crime reported that Afghanistan's opium production had been reduced dramatically by the Taliban: "Farmers in Afghanistan, the world's number one producer of opium poppy, did not plant the illegal crop this year. Following a ban on poppy cultivation issued by the head of the Taliban in July 2000, UNDCP was able to verify thousands of hectares of

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098388235832903282004-10-21T12:50:00.000-07:002004-10-21T12:50:35.833-07:00

Drudge links to this story about Bill Clinton seeking to become the next U.N. Secretary General after Kofi Annan's term ends in 2006. My thought: Good! As different as his views on U.S. foreign policy may be from my own (which is hard to guage), and how much he may differ from President Bush, he is no anti-American, at least by international standards. He has proven that he is willing to use

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098387604655925362004-10-21T12:40:00.000-07:002004-10-21T12:40:04.656-07:00

Via Volokh's link, Drew Carey's favorite President of all time: "Andrew Jackson, because he’s what a lap dance costs (and because, ironically, he opposed having a National Bank)."

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098336785528587472004-10-20T22:33:00.000-07:002004-10-20T22:33:05.526-07:00

Since no one on Earth will read my badly written post about Jimmer Carter, go to Battlestar Galactica Blog instead.

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.comtag:blogger.com,1999:blog-6399034.post-1098335760173945012004-10-20T22:16:00.000-07:002004-10-20T22:16:00.173-07:00

Power Line has an interesting analysis of President Jimmy Carter's appearence on Hardball with Chris Matthews, remarking on how "out of touch" Carter is on the Middle East. I tend to agree with that analysis, but a two parts of Carter's statements simply amazed me:I think another parallel is that in some ways the Revolutionary War could have been avoided. It was an unnecessary war. Had the

Mattohttp://www.blogger.com/profile/06634130342792760691noreply@blogger.com