Outliers

Like many lawyers and law students, my holiday reading list studiously omits overtly legal topics. Well almost. I co-teach a course at the Law School called Quantitative Methodology, which drew me to Malcolm Gladwell’s book Outliers (Little Brown, 2008). In statistics, an “outlier” is an observation that is “markedly different” from others in the sample. Gladwell’s book is itself an outlier of sorts; how many books that revel in statistical analysis have been number one on the New York Times‘ nonfiction list? Part of the answer lies in Gladwell’s remarkably lucid writing style. What makes the book fascinating, however, is that Gladwell’s focus is not statistical concepts as such, but a particular kind of outlier, namely, successful people and the reasons for their success. And as I finish grading exams for the fall semester and prepare for the spring semester that starts on January 12 (today), the time is ripe to consider both success and failure. My comments below scratch just the surface of a more complex argument, but it will give you a sense of Gladwell’s purpose.

Gladwell’s book ranges widely over the domain of successes. Why are the best Canadian and Czech hockey players usually born between January and March? What explains the staggering success of a Bill Gates or Robert Oppenheimer while other even more brilliant types fade into obscurity? How come “gifted and talented” kids from the suburbs often do not fulfill the promise predicted by their IQ tests? Why are the socially disadvantaged children who attend the KIPP Academy in the South Bronx so good at math? And, for that matter, why is it that Asian children are also so much better at math than typical American kids? (Teaser: the answer lies not in genetics, but in culture and the language (literally) of mathematics.)

Continue ReadingOutliers

About Errors of Grammar and Usage

Over at Language Log, they’ve been talking about one of my favorite articles about writing, Joseph Williams’ The Phenomenology of Error.  If you think of yourself as a grammar expert but have never read Williams’ article, you should, and be sure you read it all the way through, to the end.

Update January 12, 2009:  Just now I caught, and fixed, the misspelling of “phenomenology” I had inadvertently included in this post.  How ironic, given Williams’ subject matter, that I did so, inadvertently, and that Dean Strang noticed (see the comments).

Continue ReadingAbout Errors of Grammar and Usage

Seventh Circuit Week in Review: “Abusive Sexual Conduct Involving a Minor” and a Driver’s License Revocation

The Seventh Circuit had two new opinions in criminal cases this past week.  In the first, United States v. Osborne (No. 08-1176), the court considered the scope of 18 U.S.C. §2252(b)(1), which imposes a fifteen-year mandatory minimum sentence on certain child pornography defendants who have a prior conviction “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor.”  Osborne, convicted of a qualifying pornography offense in federal court, had a prior conviction in Indiana state court for “fondling or touching” a person age fourteen or fifteen “with intent to arouse or . . . satisfy sexual desires.”  Thus, Osborne plainly had a prior conviction for sexual conduct involving a minor, but was it “abusive”?  The district court thought so, but the Seventh Circuit (per Chief Judge Easterbrook) rejected a broad interpretation of “abusive” that would result in all sexual conduct with a minor qualifying — such an approach would essentially write the word “abusive” out of the statute. 

Section 2252 does not define “abusive,” but other federal statutes define “abuse” for other purposes.  The court reasoned that such other statutes should be consulted to determine whether a prior state conviction counts as “abusive sexual conduct.” 

Continue ReadingSeventh Circuit Week in Review: “Abusive Sexual Conduct Involving a Minor” and a Driver’s License Revocation