Tuesday, May 17, 2011
Posted by Alan Childress
The one on-topic features NYU's Stephen Gillers' new article on the professional responsibility of lawyers who hold or come across real evidence in a case, such as guns, presidential tapes, and drugs. It is part of the current issue of Stanford Law Review, which also has studies of forensic use of DNA in criminal cases to establish familial ties, fixing unfair contracts, and amicus briefs in the Supreme Court where a party below has abandoned the case. I helped the SLR editors bring it to ebook formats in the Quid Pro project I have written on before; here are links to its Amazon Kindle or B&N Nook formats (and at iTunes and Smashwords). Steve's abstract:
A criminal defense lawyer may need to read a document, test a weapon, or analyze a substance in order to advise a client. Or there may be no such need but a client may show up at a law office with an illegal weapon, contraband, or stolen property. In either event, what should a lawyer do with the item following any evaluation? What should she do if her client reveals where a weapon, contraband, or stolen property is hidden? Some cases say that a lawyer who receives or retrieves an item of real evidence must give it to the authorities after examining it. But because the item may implicate the client in a crime, the client may instead withhold it or the lawyer may refuse to accept it, even if the lawyer needs to evaluate it. Or a lawyer may choose not to retrieve a hidden item if she must then deliver it to the authorities. Other cases say that after evaluation, a lawyer may return an item to the source if possible. But is that the right rule when the item is stolen property, a dangerous weapon, or drugs? And what if return is not possible? This Article argues that the holdings of these cases, and secondary authorities that agree with them, are wrong. They impede the need for informed legal advice. They frustrate return of stolen property. And where the item is a weapon or drugs, they endanger public safety. This Article proposes solutions that avoid these results while protecting the legal rights of clients and the interests of law enforcement and the public.
In addition, new releases this week in ebooks include an all-new book, Brothers at War (on which I will write more when the paperback is widely available in June): historian Jerold Auerbach explores the Altalena incident of 1948, where Israeli commandos destroyed an Israeli ship bringing arms to Israel, pursuant to a ceasefire agreement. The surreal event and deaths of Altalena's sailors could have led to civil war in the new country. The cover photo, the actual shelling and evacuations, is by the famed war photographer Robert Capa. Here are Kindle or Nook links.
Also, sociologist Philip Selznick's foundational study Leadership in Administration is re-released in ebook formats (Nook; Kindle). It jumpstarted executive-leadership courses and programs, and is widely used in classes today in business, public policy, and military leadership. The digital edition adds a substantive, explanatory new Foreword by Robert Rosen of the University of Miami. Proceeds benefit Dr. Selznick's scholarship at the JSP Program at Berkeley law.
Finally, my own introduced edition of O.W. Holmes' The Path of the Law, in paperback and many ebook versions. Stay tuned Thursday for pretty big news on this venture.
Friday, April 22, 2011
Posted by Alan Childress
Recently out in ebooks and some in print, as part of the Quid Pro project:
Oliver Wendell Holmes, Jr., "The Path of the Law," with my new Foreword and bio summary, at Kindle store in Amazon (& Kindle UK; the new Kindle Germany), B&N for Nook, and on Apple iTunes. US versions are $.99. Also in paperback here as of Monday.
Wilson's Congressional Government, his 1885 dissertation in fact, in Kindle, Nook, and on iTunes. Also new paperback at QP page or at Amazon. Has my brief introduction but, better yet, the lengthy 1955 analysis by Walter Lippmann.
Wilson's 1908 about-face on ruling by legislature just before he ran for governor and then for President, Constitutional Government in the United States, with new Foreword by Michele Veade. Kindle or Nook. In print and Apple by summer.
Plus issue 3 (Mar. 2011) of Stanford Law Review, in Kindle, Nook, Sony, and on iTunes. Also in law journals is John Marshall's Review of Intellectual Property Law: its new symposium issue on IP law and biotech and health issues, in Kindle, Nook, or on iTunes.
All 38 Kindle books produced since April 17, 2010, are here, most linking new paperbacks in turn. Enjoy!
Monday, April 11, 2011
Protect the consumer. Stop the schemes and ripoffs. Make law work for the little guy. All easier said than done.
Memoirs and case studies of fraud schemes and consumer protection from an insider who helped to found New York City’s first consumer watchdog agency, Counsel for the Deceived is a funny, candid account of fraud and institutional paralysis written by a then-newby lawyer, the city’s Consumer Advocate. Philip Schrag was appointed by former Miss America Bess Myerson to defend consumer rights. In six case histories, he documents the schemes of the “commercial underworld” and the inability of courts and government agencies to respond in time.
This 40th anniversary edition of a classic book adds thoughtful new material: a foreword by Marc Galanter (University of Wisconsin) and a preface by the author. The book features the original introduction by Ralph Nader.
Friday, March 25, 2011
New issue is out in ebook formats, beating the print edition to the streets. Features articles on such diverse topics as “preglimony,” derivatives markets in a fiscal crisis, corporate reform in Brazil, land use and zoning, and a student Note on college endowments in an economic downturn. Formats include Kindle, Nook, or ePub and PDF at Smashwords; and in Apple iTunes bookstore. Also at Sony store. [Alan Childress]
Saturday, March 19, 2011
Three of the books I previously mentioned (e.g., Rosen on ethics and roles of lawyers who advise corporations, inhouse and outside) are in hardback now (and also at Ingram or Baker & Taylor catalogs), the first most relevant to this blog:
2. Cardozo's The Nature of the Judicial Process, with new Foreword by Andrew Kaufman. Navy cloth. At B&N and Amazon. For some reason B&N has priced it so absurdly cheap, $12.88 (!?), that it is pretty much the paperback price. For that, it would be easy to get for libraries and classroom adoptions/recommendations (or just to have on the shelf).
3. David Crump's modern abridged and rhyming version of Virgil's The Aeneid. At B&N and Amazon, with colorful hardback cover and nice paper. In this case, Amazon priced the hardback almost as low as the paperback.
Posted by Alan Childress
Brief update to book project: Jerome Skolnick's Justice Without Trial is now out in a 4th edition, with his new preface and new foreword by Candace McCoy. New cover but with those iconic handcuffs. As ebook at Kindle, Nook, and Sony, but not yet in paperback (expected late April). Happy 80th birthday, Jerry! It is in the same classics series with Scheingold's Politics of Law and Order, released last month in all formats (linked here).
A sometimes-bizarre but fascinating diary/memoirs of battlefield nursing in World War I, with new foreword by my colleague Elizabeth Townsend Gard, who wrote her thesis on the genre of women writers in wartime for a history PhD at UCLA. The aptly named I Saw Them Die (1936), out in Nook, Kindle, and Smashwords (ePub, Sony, PDF), and on Monday here in paperback; and sold on Amazon in paperback. More info on this fascinating memoirs here.
The canonical sociology study TVA and the Grass Roots by Philip Selznick, out in paperback here (paperback is also found on Amazon and other stores). Everyone has heard of it; time to have on the shelf (and next month in ebook). New foreword examining its impact and insights, and prescience, by Berkeley's Jonathan Simon. This is an authorized edition, unlike the OCRd one on Amazon sold so far that attributes to Selznick the sentence: "The jocation of administrative control in the area of operations, with the Authority as a weole, in relation 10 tha fmdfl IJOVCrflffietit, taken as an example." Like reading Hal's version of Beowulf! For our edition: Proceeds benefit the author's scholarship fund at JSP-Berkeley Law. Look for the one with a pretty cover, using actual Norris Dam plans.
UPDATE Mar 27: The Kindle book for TVA and the Grass Roots is out now here, as are Nook at B&N and other formats all linked here. It, and the other books above, are now active at the iTunes bookstore.
Thursday, February 17, 2011
Posted by Alan Childress
Updating the announcement last week of bringing SLR to Kindle, Nook, iPad, Sony, etc. And thanks to Jeff Lipshaw for noting it at Prawfs--and I think he wants them to publish his new piece on models in contract theory. Which would be full circle since I'd wind up coding its HTML. Should I add <small><small> before any self-cite? Link his embedded URL cites to YouTubes of his riding horses? Or worse? Note to Stanford editors: Larry Solum yesterday called Jeff's piece "very interesting and recommended."
Anyway, the current issue #2 is now out, at Amazon, Amason UK, B&N for Nook, and Smashwords, so that covers all formats including ePub and Sony. It is also on the iPad at iTunes (or with apps) and will be at Sony ebookstore in a few weeks. For purposes of this blog, one article of interest to our readers is Judge Richard Posner's survey and analysis, with Albert Yoon (law, Toronto), of judges' perceptions of the quality of legal representation ("Studying the legal profession poses several challenges..." -- abstract beneath the fold). Also interesting for the blog topic is Norman Spaulding (law, Stanford) on changes and problems at the Department of Justice, and a student Note on economic espionage, plus of course other articles. SLR will issue a press release this week on how they partnered up with Quid Pro to go ebook. Looks like other journals will follow suit this year.
Related, but certainly off-topic, I'll mention that Quid Pro also released this week a republication in Kindle, Nook, and Smashwords of a classic of law and society (political science; the Court), Martin Shapiro's Freedom of Speech: The Supreme Court and Judicial Review. Its new cover is right. See also David Crump's modern translation, rhyme, and abridgment of Virgil's Aeneid. It was Hades to get poetry to work on Kindle but I mastered the Styx. It has a paperback too, and soon a hardback. Its innovation in digital is using jumps from underlined words, to link to annotations (as a blog does), rather than footnotes. Keeps the poem moving. The paperback put the notes in margin, shaped to mirror the poem, rather than at a distracting footer. I think people will like the format and, of course, David's heartfelt take on the epic.
Saturday, February 5, 2011
Posted by Alan Childress
Becoming the first general law review to publish its current issues as an ebook (plus its traditional print volumes), the Stanford Law Review now includes Kindle and the other ebook formats in its distribution. I helped the editors digitize the first academic-year issue, Vol. 63, #1, as part of the "Quid Pro Books" project I discussed at Law Librarian Blog before. (They are the publisher, of course, not me--though one is tempted to insert an article...) SLR's Issue 2 ebook will soon follow.
For now, Issue 1 is available in the Amazon Kindle store (and its UK store); at Barnes & Noble for Nook; on the iPad with these apps and also Apple's iTunes bookstore; and in multiple formats including Sony, ePub, and rtf at Smashwords. This issue features articles by Ryan Scott (on sentencing disparity), Scott Hershovitz (what Harry Potter means to torts), Robert Cooter & Neil Siegel (collective federalism), and Brian Galle & Jonathan Klick (AMT tax). Hope it's a convenient way to keep up with scholarship for some, and a necessary adjustable font for others. Enjoy.
Other Quid Pro updates: latest releases in print and all ebook formats include Robert Rosen's Lawyers in Corporate Decision-Making (more soon on that, as very pertinent to the blog topic), and the latest book from Amitai Etzioni, Law in a New Key: Essays on Law and Society.
Also re-released are two classic books: (1) the sociological study (so far in digital, soon in paper), Neil Smelser's Sociological Theory; and (2) in print/digital in political science and criminal law, Stuart Scheingold, The Politics of Law and Order.
Friday, October 8, 2010
Posted by Alan Childress
Much of my (re)publishing project is in legal history, law and society, and legal ethics, yet one that is easy to get lost in older works but has no law to it at all may be the most entertaining and poignant. Jeff recommended it to me. It is by philosopher Susan Neiman (below), now the director of the Einstein Forum and previously a professor at Yale and Tel Aviv U. Her debut memoirs, Slow Fire: Jewish Notes from Berlin, lets us live in 80s divided Berlin before the Wall came down. It is in new paperback, Kindle, or (as of today!) Nook, and was previously a well-reviewed Shocken book. An excerpt:
My glass was empty when Dieter returned. “Do you want another wine?” he asked.
“No,” I said. “Let’s go somewhere else. I’m almost out of cigarettes. I need to find a machine that sells Salems.”
“Sorry, I mean Reynos. Salem is the American name for Reynos. I don’t know why it’s different here. All of the other imported cigarettes keep their old names. It’s the same cigarette, though, and the same packaging. In America I always smoked Salems. Here I smoke Reynos.”
“How’s it spelled?”
“And it’s exactly the same packaging?”
“Same colors, same number of letters, same design, everything.”
“Then it’s obvious. Salem would never sell here. The name is too Jewish.”
“Sure. Where do you think the name comes from?”
“I don’t know. Winston-Salem, North Carolina, I guess. There’s a Salem, Massachusetts, but they don’t grow tobacco there.”
“But it must come from Jerusalem, originally.”
“Jerusalem?” I repeated. “I never thought about it.”
“For German ears, it’s a Jewish name.”
I was dumbstruck.
“They pay a lot of attention to things like that,” said Dieter. “I used to do graphics for a big advertising agency in Hamburg. Once they wanted to import an American laundry detergent. They had to call off the whole deal when they learned it was called Puff.”
We laughed. Puff is German slang for “whorehouse.”
“Yeah,” I said. “It’s hard to know how you’d market it. ‘Whorehouse gets your clothes cleaner than any other brand.’ ”
“Let’s go,” said Dieter. “We’ll find you some Salems.” He pronounced it “Sah-lem.” It was half past two. “Look,” he nodded, “coming in the door. That’s Marina. A real Kreuzberg character. She never goes anywhere without her rat, and she always dyes her rat to match her hair.” I look closer. Sure enough. The long rat snuggled on her leather-covered shoulder was a brilliant, electric blue.
Thursday, September 30, 2010
I posted a month ago on its availability in Kindle; now its new paperback is at Amazon here. Auerbach argues that the legalization of U.S. Jewish thought over the past century, and especially lawyers taking the leadership positions, disserviced American Judaism. It is a very good follow up to his landmark Unequal Justice. [Alan Childress]
Saturday, September 4, 2010
A good week with the project on republishing classics and publishing new work, also that my son turned 18, and the new students are so engaged and interesting. As to the project, the top ten eleven in "Jurisprudence" (Ok, top 11's a bit of a cheat, but no. 1 has not been available for a while now!--do not know why), at the Amazon Kindle Store are linked, and our books are 3, 4, 6, 11 (and all have paperbacks too). Plus Ted White's Patterns is at 26. So the number 3 is:
Monday, August 30, 2010
Posted By Alan Childress
Following up on my project, with great authors, of bringing back some good old books that went out of print -- or putting out some new ones, such as Lisa Webley's study of lawyering styles in the UK, now on Amazon in paperback -- here is where we are, many now in print form. Admittedly some are on-topic (though Rogelio Perez Perdomo is on-topic for the profession in Venezuela, and in Spanish), while some just aren't but are part of the project so I hope this is useful. In addition to Kindle, Nook, and other ebooks easily found en masse at the Kindle Store, and B&N, etc., here are all the paperbacks out now [or will be listed as available at the link within two days]. All previous works were very well reviewed when first out (hence my interest in them):
1. Jerold Auerbach, Rabbis and Lawyers: The Journey from Torah to Constitution. First with Indiana U Press, now in paperback; studies the legalism that took over U.S. Jewish leadership in the 20th century and what they meant to Zionism, the Holocaust, and Israel. Disputes the usual meme that Brandeis, Mack, Wise, and Frankfurter were the best leaders for their cause, and that lawyers are always the best leaders generally. Auerbach recently published on the Pueblo Indians, too.
2. G. Edward White, Patterns of American Legal Thought, published by Lexis before and now in paperback. Analyzes the tools and dilemmas of legal historicizing, the origins of gay rights, tort law in the U.S., and insights on Holmes and Brandeis. White has written some 14 books in all and was nominated for a Pulitzer. He is a law prof at UVa with a PhD in History and his JD from Harvard before that.
3. Susan Neiman, Slow Fire: Jewish Notes from Berlin. Was with Schocken, now in paperback, and the author recently wrote 2008's Moral Clarity. Her debut memoirs were about West Berlin in the 80s, before the Wall fell, and her sometimes surreal experiences living there as an American and as a Jew. They did not call cigarettes Salem because it sounded too Jewish. Insightful period piece and very witty from the Director of the Einstein Forum. Jeff loved this book and suggested I ask Neiman to re-up it.
4. Grandfather J. B.: Letters to my Grandson. Memoirs in letters by Joseph Bercovici to his poly sci grandson Joel Grossman, now at Johns Hopkins, during the 60s. Published by Little, Brown before. Explores the nuances of English from a self-taught immigrant, and a family of prodigies seen through his acerbic and sometimes naive letters. Even explains why irregardless is wrong, and chastises Joel for his VW bug.
5. Cardozo's The Nature of the Judicial Process (also on Amazon main site), featuring new Foreword by Andrew Kaufman, law professor at Harvard and his premier biographer. Just out and should be the standard work since it is much more legible and modern than the original Yale print run but still embeds its page numbers for citing. Includes photographs and interesting bio information on Cardozo. Does not engage the question whether Cardozo was the first Hispanic Justice, though Kaufman has been interviewed on that. Cardozo looks like Conan. Kaufman, who was punctual as all get out and kind, is shown left. He is on-topic for the blog, since he wrote the first casebook on legal ethics in the U.S.
6. My own The Annotated Common Law (also on Amazon), adding some 200 notes to Holmes's classic book, to decode and demystify it. Translates Latin and Greek but mostly makes it modern, in both the print presentation and in bringing his phrasings up to date. Also defines legal terms and updates legal concepts so even nonlawyers and history buffs would read this with a clear understanding. Most versions of this book are hard to read in content and even in presentation; the digital books had been error-ridden nightmares. Includes my
7. An unannotated basic, cheap paperback of Holmes but with my Foreword, plus the modern but accurate presentation and embedded pagination missing in most versions, online or print. The Foreword author's most recent book is the coauthored treatise, Federal Standards of Review, 4th ed. 2010, LexisNexis Co., a link to which Lipshaw declared, "That's a 'spensive mother." True, for the Lexis treatise, though the basic The Common Law is like $13, better than most on Amazon; also on Amazon here.
Also from blogging before but now in paperback on Amazon: 1. my students' ethics survey, Hot Topics In The Legal Profession; 2. Kadish & Kadish, Discretion to Disobey; 3. Kitty Calavita, Inside the State: The Bracero Program, Immigration and the INS; 4. Joel Handler, Law and the Search for Community; 5. Peter Gabel's CLS essays, The Bank Teller; and 6. Auerbach's Jacob's Voices. Dean, that is how I spent my summer.
Saturday, August 7, 2010
Posted by Alan Childress
More about journalism ethics than legal ones, or just weekend musings of the sort we occasionally do here, but when did it become acceptable for the AP and others to pick a frame of a series of photos taken that displays someone in their worst light, or most stereotypical? I am not just talking about the fact that most neighborhoods in New Orleans during Mardi Gras parades are sedate and fully clothed, and full of families on picnic blankets. I get that the travel channel, the national news, and Girls Gone Wild are not going to show that. But btw you can bring your family to Mardi Gras and it is a very family-friendly event with just a little inside knowledge. If anyone wants to write a guide to the family friendliness of Mardi Gras, I will publish it. My point being that of course there are moments and events where you show the funniest, wildest eye-catching aspect of it, and that is cool and has been since at least 1898.
But political figures, and really all people truly in the news, are different. Why show the one frame where they look stupid or exaggerated, and not the next one where they look stately? Where Arnold looks like he is demonstrating what he would do to the neck of someone who disagrees with his view about gay marriage? Where they make him like like a terminator rather than an elected governor? By the AP? (Used without its permission but fair use since I am commenting on it as a political matter and about its presentation itself rather than just using it to illustrate my story. From this story, though they may have changed the photo since.) I would think that you could politically decide to put him into a bobblehead figure toting a gun and sell it, sure, that itself is fair use of his image, so I am not suggesting Arnold has some cause of action here against the AP (especially now--he is a public official after all not just an actor); I am just suggesting that this is not right and they need to voluntarily return to the day of picking normal and not weird photos.
To answer my question, I think it began with W. I saw increasing numbers of abnormal, silly-posed pictures of him as his administration became more disfavored. I think it became cool to make him look like a fool, in the words of Nipsey Russell (not his actual words, but again fair use of his name). I am not the hugest fan of the man or his administration, not at all, but I really do not believe he always had a smirk that looked like mommy was going to buy him ice cream, or that other smirk that looked like he was at a solemn
ceremony but sort of secretly knew, but could not hide, the fact that he and four frat boys had dumped manure next to the statue of John Harvard before he was later a Harvard student and supporter. OK, I admit I also assume they found the wrong statue and just dumped it next to some generic horserider in Cambridge, but still. Why not show the president as looking like...a president? Or a governor. I know the press can do it, since they seem to have no trouble doing it with President Obama. I am not saying that is inappropriate to Obama, just that it should be objectively offered to all who are in the public eye in serious journalism.
Would you have shown Margaret Thatcher blowing her nose? Reagan in the middle of saying eee--eewww or some such odd face that we all make thousands of time a day without freeze frame? Or Clinton pointing his finger looking like he is about to say something obfuscating? OK, I will give you that one.
Anyway, I did not like this picture,above right, of Arnold that the AP and Yahoo! News used from his press conference. The picture is ridiculous. We should not go out of our way to make people look ridiculous on pages that are not about that.
Bill Gallagher, you still owe me the bobblehead of you. I have a place for it on my shelf at school, next to a photo of Justice Scalia looking silly (but he was trying to, for me, at our summer school) and a sign from Greece that says Thank You for Smoking and shows a smoking butt. But people should know that Lawyer Bill is the only law prof with an official bobblehead of his image. Bobblehead case result here. So cool, Bill. Update: I cannot get over how similar the AP's weird pose of Arnold is to the Bobblehead pose, and facial expression.
Friday, August 6, 2010
Follow up on Lisa Webley on Adversarialism Among Divorce Solicitors and Mediators in UK, and Other Paperbacks
Posted by Alan Childress
Two weeks ago, I posted that Lisa Webley had published to Kindle and Smashwords, via the "Publish Your Dissertation as a Digital Ebook" project, her book on the professional styles and differences among divorce lawyers in the UK and various professional mediator groups, Adversarialism and Consensus? That came out in multiple ebook formats, ePub for Nook, PDF, and online viewing through those sites. It should be on Barnes & Noble for Nook in two or three weeks. (Today, it is a Kindle book on the new Amazon UK.) The big follow-up is that it's available this afternoon (or tonight) as a paperback of some 230 pages, including many tables and charts that we spent weeks on to present the very best we could (thanks, Lisa). It came out really nice. Eventually it will be sold on Amazon and B&N in print, likely in September, but for now its best spot is this webpage for ordering (I think Amazon is the seller/shipper). Anyway, it is a very good dissertation and we hope it is useful for people's research or their interest in the professions and the literature she analyzes in this context.
Also soon out in paperback, and on legal ethics, is my students' collection, benefiting Tulane PILF: Hot Topics in the Legal Profession ~ 2010. Many great topics are explored, including ads and friending judges, and it benefits a great cause.
Of all the project's other titles already sold as Kindle books or for its apps, or in other formats on Smashwords [or on B&N and Sony, but you have to search individually], the following have current paperbacks available or very soon. (And coming Aug. 24 is Cardozo's The Nature of the Judicial Process, with new Foreword by Andrew Kaufman, professor of law at Harvard and the premier Cardozo biographer; more later). Paperbacks include:
Kadish & Kadish's classic Discretion to Disobey; Kitty Calavita's Inside the State: The Bracero Program, Immigration and the INS; and Jerold Auerbach's Jacob's Voices: Reflections of a Wandering American Jew. The latter tells his very personal story of struggling with assimilation in the U.S. and academia (and baseball!).
Also in the series with Cardozo, see Holmes, The Common Law (a very-affordable-but-hyperaccurate edition with my Foreword); and The Annotated Common Law, with the Foreword and accuracy, plus some 200 textual asides to decode his legal terms, old phrases, Latin and Greek, and all those writs. Turns out it helps that my old Southern relatives used expressions and speech patterns just like him (which is ironic since some of their kin may of shot him). And Warren & Brandeis, The Right to Privacy. Some nice new ones are on the way, including several classics, several new manuscripts (turns out some established authors were happy to eschew traditional publishing houses), and of course more on the legal profession and legal ethics. ...Wish I was publishing Jeff's new book on getting into law teaching, but congrats!
Wednesday, July 14, 2010
Posted by Alan Childress
A brief follow-up to my post last week on The Common Law, in which I trashed current online and digital versions of the book for being poorly scanned and never proofread, incomplete and unusable. So I published a cheap one that is in fact the words Holmes wrote, mainly for Amazon Kindle and its free apps for iPad, PCs, Mac, BB, and smart phones.
Now, I also published to Kindle (and also ePub for Nook and Apple, a Sony one, and active PDF and simple rtf formats for just computers without apps, all at Smashwords) a much-expanded version, annotated, which includes some 200 of my notes inserted to explain what Holmes meant and underlying legal terms he uses. There is a need for noted-and-demystified versions of many old but still-great books in law, philosophy, and social sciences, and so I welcome manuscript ideas a reader may have. For example, I know Jeff could take some great work by Kant and insert his decoding notes into it, and Patrick S. O'Donnell could do the same for other works of classic philosophy and religion (yes, P, we'd do it in paperback too and kill trees). Mainly this involved my sharing with a reader what I already knew but would be foreign to college students and 1Ls. In the case of Holmes, sometimes that was just translating his words from older dialect that I recognized from growing up with old Southern people! You see annotated Shakespeare and Cervantes, so I welcome proposals for the same in law, etc.
This is also a follow-up to the post we had a couple years back , The Summer Before Law School?, on good books to read the summer between college and the start of 1L. Lots of school websites and others have such lists, including a really extensive and insightful one by Tulane's Susan Krinsky to incoming law students, which includes fun fiction:
To the extent such lists do not include The Common Law, even though it's one of the best law books ever and Holmes surveys the field of basic 1L classes like crim, torts, and contracts (still great on consideration, on versions of crim and tortious intent, and on the reasonable person test), I think it is because the work is considered a tough read. It uses dated language plus some Latin and even Greek, while assuming a familiarity with legal concepts that 1L readers would not yet have (e.g., what's "an action in case"? a law-bound student would wonder). I hope that I have decoded it and accessibilized it for that use, and for others in college and law school classes, as the book is actually very helpful and understandable to a wide audience if there are just some little insertions and pointers along the way. The annotated edition is cheap, too, and includes simple PDF and online versions.
UPDATE: Since this site is linking all the front matter and into chapter one as a free sample, have at it. It includes my foreword and the bio of Holmes, his extensive plan for the book, and three of my annotations in ch. 1 so you can see what they do for it.
Also now out at Smashwords are three great books I have brought back from paperback purgatory to go ebook: Jerold Auerbach, Jacob's Voices: Reflections of a Wandering American Jew; Joel Handler, Law and the Search for Community; Kitty Calavita, Inside the State: The Bracero Program, Immigration and the INS. These will be on Amazon by next week. UPDATE 2: They are now on Amazon and links are Auerbach . . . Calavita . . . Handler. See also Lisa Webley and her Dissertation on legal profession in UK in divorce cases, at Amazon and Smashy.
Thursday, July 8, 2010
Posted by Alan Childress
Because you cannot spell blogger without either ego or bore, I use this forum to announce June publication, by LexisNexis, of the 4th edition of a book on appellate and federal review which I coauthor with Martha Davis, called Federal Standards of Review. It is in 3 volumes, for civil, criminal, and administrative appeals; previous editions were cited in some 350 cases including four Supreme Court opinions. Justice Ginsburg once wrote me a sweet note about it (by hand!). The new edition is expanded and thoroughly updated. You may want to ask your law library to get one.
Today, I published to Amazon Kindle a digital ebook of Oliver Wendell Holmes, Jr., The Common Law. It has my new Foreword and bio section of this great work from that great man. That would seem to be no large accomplishment, other than my trivially interesting Foreword, except that this is now the only online or ebook version of Holmes' masterpiece that actually uses Holmes' words. All of the prior versions -- free or paid, old version or Gutenberg's "2006 corrected" one -- are derived from ONE old scan from "Patient Zero," a book that was not held down on the copier so words from the inside margins are missing. Thus on most right-hand pages, every eighth word disappeared. That makes Holmes even tougher to read than normal. Plus he apparently uses words like "docs" and "modem," being ahead of his time! He uses "tiling" for "thing" and "ease" for "case" and other poor scan vestiges. You would think there would have been someone to have rescanned this and proofread it before posting to Kindle or Gutenberg, or online, but no. Plus I linked and numbered the footnotes (the others have 250 instances of footnote "1"!). No doubt, however, their book docs one tiling that no modem version of Holmes docs--it brings the eases to life for the reacling pubic. And you saved S bucks!
I think it is unethical Reverse Plagiarism to stick Holmes' name onto a work he did not write that way. HE did not leave out marginal words and sound like an idiot. (BTW, as to non-idiot, he delivered this as 12 lectures in 1880, without notes.) HE did not think a right-of-way is a "casement." One edition pronounces him Chief Justice of the Supreme Court. Taft would not appreciate that. Holmes even looks unhappy on my cover about all this.
Consider a worse example: for $30, you can buy on Amazon a paperback purportedly of the late Philip Selznick's fantastic study, TVA and the Grass Roots. And read this, supposedly by the author, "The jocation of administrative control in the area of operations, with the Authority as a weole, in relation 10 tha fmdfl IJOVCrflffietit, taken as an example". If you know someone at U of California Press, please ask them to fix this. (This is not one they produced, but they have not forced it down either, despite my telling them. Why? Because it is out of print?) People should not be allowed to sell books that are in effect very good passwords for your medical records.
I just noticed that the price is the same for both my announced books, except the decimal place. For individual purchase you should stick with Holmes, at $3.99. I priced it less than other versions that are not proofread or linked in the notes. If you do not have the Amazon app for PC, Mac, blackberry, iPad, etc., I offer a related version at Smashwords in epub, PDF (with active footnotes, clickable), rtf, and Sony reader formats. More on the other versions to come. Anyone with a computer can read it, as I explain here.
UPDATE: a thoroughly ANNOTATED and thus decoded edition of The Common Law now available on Kindle and Smashwords, and soon on Nook, Sony and Apple iTunes. It also uses the correct words.
Sunday, June 6, 2010
Friday, May 14, 2010
Publish Your Dissertation as a Digital Book or Ebook on Amazon, B&N & Apple iBooks: Legal Ethics, Law, Legal History, Law & Society, Sociology, etc.
Posted by Alan Childress
As a follow-up to my post yesterday on republishing the Kadish & Kadish classic and others as a Kindle book or an ebook, I announce more generally that I seek submissions to publish digitally your still-relevant dissertation or monograph-length thesis. This is to post on Amazon and other sites for use on iPad, Kindle, and Nook, and related apps on PC, Mac, iPhone, and BlackBerry. The fields are legal ethics, law, law and society, legal history or biography, history, and the broader social sciences. This would not be an SSRN-type download but instead would be marketed as a regular Kindle book and the like and available to a broader international market, easily searched on Amazon, Google, and Barnes and Noble sites.
This is unlike some digital-dissertation services that essentially make it a vanity press by having it as a download from their site; my goal is to turn it into a real book, for use with readers and researchers through real channels and read by every device, with working links and footnotes. (And also unlike those sites, my royalty rate is much higher, and your book will accompany not only other dissertations but classic works in law and society, brought back digitally.) Eventually they will also be featured on this website, but mainly on Amazon, Barnes & Noble, and iBooks. Editing services are available for outsourcing at good rates (with legal writing professors!), but I will do all production, formatting, and marketing.
This service is not exclusive, in the sense that you are free to submit your work elsewhere in the meantime and pull it from this program should it be accepted by Penn Press or OUP ("making it to the show"), or for whatever reason; I'd facilitate that. This is exclusively digital publishing and is not meant to interfere with your parsing parts of it for articles (even to SSRN) or your seeking traditional publication of the whole. Contact me at this email address (or see left sidebar) with topic, description, and the history of your manuscript, and the goals you have for it, if interested. The imprint, as with the book above, would be with Quid Pro, these in a Dissertation Series or by subject matter, e.g., Legal Ethics, History. Although so far the accepted and anticipated books have been in law and society or legal sociology, subjects will include the broader social sciences of political science, sociology, history, and philosophy (or basically subjects that I feel competent to read and assess because of my doctoral work in Jurisprudence & Social Policy at Berkeley). If they are not particularly law-related, that is fine, as the project has expanded to become Quid Pro Books not just Quid Pro Law Books.
UPDATE: See this example, which has its digital origins in the comment by John Flood to this post.
Sunday, April 18, 2010
Posted by Alan Childress
Admittedly 120 years too late, and not exactly on-topic to the blog, but Warren and Brandeis have now published their landmark article on the iPad! Or any PC, or Kindle, iPhone, iTouch, BlackBerry, or Mac. They do not do Droid.
I wanted to post a link to the Amazon DTP version of The Right to Privacy and my Foreword and other materials in the compilation (including active TOC, linked notes, and period photos and press clips provided to me, graciously,
by Amy Gajda, who did extensive research up on SSRN on the infamous backstory). Sorry to charge for the ebook, but that is Amazon rules for non-bigtime-publishers (and I must make it a buck more on July 1). You can get my own contribution part of it free anyway, below.
Any free Amazon app for those devices, even just on the PC or a laptop, will work great to read this and their ebooks (which do include 20,000 free classics), or on Kindle. I will try to post some more old pics later this week...
From the blurb:
If readers here want to do a similar compilation, formatting, and Foreword to classic legal scholarship in pre-1923 U.S. books, for digital readers, ask email@example.com . You must be willing to write original work or annotations, and work from source materials not just scanned crap. The goal is high quality ebooks, not the formatting nightmares that are out there now (even the online versions of The Right to Privacy are all full of substantive errors, including one on a Harvard site!)
The most influential piece of legal scholarship in history, many scholars say, is this 1890 Harvard Law Review article by two Boston lawyers (one of whom later became a legendary Supreme Court Justice). Warren and Brandeis created -- by cleverly weaving strands of precedent, policy, and logic -- the legal concept of privacy, and the power of legal protection for that right. Their clear and effective prose stands the test of time, and influenced such modern notions as "inviolate personality," the law's "elasticity," and the problems of "piracy." They resisted the label of "judicial legislation" for their proposals. And they foresaw the threat of new technology.
Most of all, they asserted the fundamental "right to be let alone," and its implications to modern law are profound. Their privacy concept has grown into a constitutional law norm raising issues about abortion, drug testing, surveillance, sexual orientation, free speech, the "right to die," and medical confidentiality. All these spinoffs trace their origins to this master work. It is simply one of the most significant parts of the modern canon of law, politics, and sociology.
The Foreword shares not only this import and effect, but also the fascinating backstory behind the article. Its origins are found in Warren's own prickly experiences with the press, famously after its reports on his family weddings. One myth was recently debunked by Gajda: it could not have been his daughter's wedding that upset him. The newer legend is explained, including the role of The Washington Post and the emerging paparazzi. This was no mere academic exercise to Warren and Brandeis, it turns out. The Foreword adds a biographical summary of each author, noting some less-known questions about Brandeis's own judicial ethics later in life (debunking another myth), as well as noting the possible tension between the privacy right and the First Amendment that Brandeis championed.
[You can also, without needing an app, Download Foreword TRTP2]
Thursday, March 11, 2010
Posted by Alan Childress
Not a legal profession case, but eye-opening to those of us who travel a lot and hate to check luggage: you may THINK it is overhead when it is not...
The Court also released this notable unpublished decision: Malik v. Continental Airlines, Inc., No. 09-50444 (5th Cir. March 10, 2010) (Garza, Clement and Owen) (per curiam; unpublished): According to Malik's lost-luggage claim, she had $436K worth of jewelry and other valuables in a bag checked on a flight from Austin. According to a statement of facts in the district court record, the bag was originally one of Malik's carry-on items. She was unable to find bin space over her seat, so a flight attendant assisted her in putting the bag into a bin 13 rows in front of her seat. After she returned to her seat, a flight attendant decided that it needed to be stowed in the cargo hold. Because the bag had no external identification, someone in the stowage process opened it to ascertain its owner. The bag never arrived at Malik's final destination. The district court allowed her to recover only $800. Holding: Affirmed. "[C]arriers are allowed to limit their liability by contract if they give reasonable notice to passengers.... Here, Continental limited its liability for lost luggage to $2,800 [less exclusions for "heirlooms, irreplaceable items, and jewelry"]." The limit, minus the exclusions, yielded only $800 for Malik. The fact that the bag "was checked by airline personnel without her permission" was irrelevant, since "Continental ... reserved the right to check any passenger's bag." (Appeal from W.D. Texas Case No. 1:060cv-695; http://www.ca5.uscourts.gov/opinions/unpub/09/09-50444.0.wpd.pdf.)
This blurb is courtesy of the Fifth Circuit Civil News, published by Bob McKnight.