Sep

24

Tom’s Diner and the Origin of MP3s

Posted by: | September 24, 2008 | 3 Comments

Suzanne Vega has a fascinating essay over on the New York Times website about her song, “Tom’s Diner,” and its subsequent history, which is rich with details about the artistic creation process, how an artist reacts to an unauthorized remix, the burdens of licensing, and the history of MP3 files. “Tom’s Diner” was originally released [...]

Sep

24

No Way, No How, No Sharia

Posted by: | September 24, 2008 | 3 Comments

Representative Tom Tancredo has introduced something he calls the “Jihad Prevention Act.” The bill would exclude from  admission into the United States of “[a]ny alien who fails to attest . . . that the alien will not advocate installing a Sharia law system in the United States . . . .” The bill raises a number [...]

Sep

23

Marquette Law School in the Early Twentieth Century

Posted by: | September 23, 2008 | Leave a Comment

The second installment of the symposia celebrating the 100th anniversary of the founding of Marquette Law School was convened earlier today. The same panel of scholars from the first session returned to discuss the period from 1908 to 1940.  Joseph Ranney began by explaining how this time period saw the bureaucratization and professionalization of both legal education and [...]

Sep

23

Representing the Vengeful Client

Posted by: | September 23, 2008 | 1 Comment

At today’s faculty workshop, Robin Slocum, the Boden Visiting Professor Law, gave a fascinating presentation of her latest paper, entitled “The Dilemma of the Vengeful Client: A Prescriptive Framework for Cooling the Flames of Anger” (forthcoming in the Marquette Law Review). Noting that lawyers and the legal system can sometimes become weapons for vengeance in the hands [...]

Sep

23

Greenhouse on the Big Squeeze and Some More Employment Numbers

Posted by: | September 23, 2008 | Leave a Comment

There is an on-line book club discussion at PrawfsBlawg, organized by Matt Bodie (Saint Louis), about Steve Greenhouse’s new book: The Big Squeeze: Tough Times for the American Worker.  Yesterday, Steve himself responded to the comments made by the other participants in the book club. Here’s a taste: For starters, I want to say that [...]

Sep

23

Zelinsky on the 401(k) Lessons from the Crash of 2008

Posted by: | September 23, 2008 | 1 Comment

Good piece here from Ed Zelinsky (Cardozo) on the 401(k) aspect of the 2008 economic collapse from the Oxford University Press Blog: Even as we contemplate the financial carnage of the Crash of 2008, the federal government sends a strong, paternalistic and, ultimately, misguided message to 401(k) participants: Invest your retirement savings in common stocks.

Sep

23

Should Sentencing Judges Be Required to Respond to Defendants’ Arguments for Lenience?

Posted by: | September 23, 2008 | Leave a Comment

I address this question in a new paper I’ve just posted on SSRN entitled “Explaining Sentences.” Here is the gist of the paper. Since 2005, federal judges have had increased discretion to impose sentences below the range prescribed in the federal sentencing guidelines. Since the guidelines ranges are based almost entirely on the aggravating circumstances [...]

Sep

22

Who’s Afraid of ProCD?

Posted by: | September 22, 2008 | Leave a Comment

It’s a prevalent meme in contemporary copyright scholarship that the public domain is being “enclosed” by expansions in copyright law. Scholars point to many examples of this alleged expansion, including term extension, anticircumvention laws, and court decisions rejecting certain attempts to claim fair use. But one widespread source of complaint among copyright scholars is the [...]

Sep

22

The World Remains a “Land of Dreams”

Posted by: | September 22, 2008 | 10 Comments

This Friday, in my seminar on Law & Theology, we turn to a topic that is near and dear to my heart – the role of religion in public discourse. Although not all proponents of minimizing God talk in the public square seek to mold a secular society, some do. They argue that religion – [...]

Sep

22

The Story of the Economic Collapse From Main Street

Posted by: | September 22, 2008 | 10 Comments

The following news stories from the Associated Press this past Friday confirm that that Wall Street financial meltdown is also being felt throughout the country on Main Street. From the Associated Press on September 19th: Florida’s unemployment rate rose to 6.5 percent in August. According to the state labor department that’s the highest the state [...]

Sep

22

Disability Fraud at the LIRR

Posted by: | September 22, 2008 | Leave a Comment

Here is a disturbing report from the New York Times yesterday concerning the awarding of disability benefits to former workers at the Long Island Rail Road: During the workweek, it is not uncommon to find retired L.I.R.R. employees, sometimes dozens of them, golfing there. A few even walk the course. Yet this is not your [...]

Sep

22

Wall Street Collapse = ERISA Stock Drop Litigation

Posted by: | September 22, 2008 | 1 Comment

Not a surprising development at all. From BNA Daily Labor Report (subscription required): As several heavy hitters in the financial world have come under pressure or have gone bankrupt in the past couple of months because of the subprime mortgage and lending crisis that has battered investment firms and banks, the employer “stock drop” cases [...]

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