Published and Effective: Another View

In an interview with Fox Cable News this morning, reporter Mike Tobin asked me if what we were seeing in Wisconsin was “lots of politics and little law.” While I began my answer in disagreement, I concluded by saying there was a sense in which he was right. The heat generated by the budget repair bill has caused people to behave in ways that are unusual and without substantial precedent.  For a profession that often relies on precedent to resolve textual ambiguities and conflicts, this creates not inconsiderable difficulty.

My own view on whether the budget repair bill is different than that offered by Professor Fallone. My best answer is that it is “probably” in effect. Here’s why.

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Debating Discovery

As I noted last week, I recently had the privilege of participating in a panel on the need for further amendments to the Federal Rules of Civil Procedure related to E-discovery. A video of the event can be found here. (It actually took place at the National Press Club and not the Mayflower Hotel.) For those who like this kind of thing, there’s some interesting stuff.  My argument is that we essentially provide an e-discovery safe harbor for “neutrally” adopted and consistently applied systems for the retention and retrieval of electronic information. Marty Redish wants to reconsider 1938 and, in particular, to place the cost of discovery on the requesting party. I agree but Ron Allen does not. Don Elliott wants to do it only in certain types of cases but, more provocatively, thinks that Rule 4 is unconstitutional.

My remarks begin at 26:00 with a shout out to this blog.

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Best of the Blogs: Time Waster Edition

At Concurring Opinions, Kaimipono Wegner directs our attention to an article by Adam Zimmerman in the Duke Law Journal explaining why we waste time. It turns out that we make decisions over time horizons that are too short. Five minutes of watching a parody video on You Tube may bring more pleasure than the productivity gain from five minutes of grading papers. If we were to choose four hours of You Tube, we’d see it differently. But we keep slacking in five minute intervals. 

At the Faculty Lounge, Jacqueline Lipton brings us academic humor. Reminds of the answer to whether one has read some one’s new article. “Read it? I haven’t even cited it yet!”

At the Conglomerate, Gordon Smith, following Ann Althouse, links to the site Subzin. It allows you to search for phrases and words (like your own name) in movie scripts. Don’t start if you have something to do. Those five minute blocs will turn into hours.

Finally, Above The Law announces its’ second annual contest for the best law firm holiday card with links to some of last year’s winners. Not as much fun as Subzin. Seriously, dude, do not start.

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