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 firstname.lastname@example.org . 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.
Wednesday, March 10, 2010
Posted by Alan Childress
This is the time of year when I remind readers (and, I hope, Googlers of the phrase law school summer abroad programs in Greece or law study summer school,near Athens) that -- somewhat related to the subject of this blog -- Tulane Law School offers a course June 20-July 9, 2010 in "Comparative Legal Professions and Ethics" on the beautiful care-free and car-free island of Spetses. In Greece, on the Saronic Gulf of the Mediterranean Sea. We offer five other courses as well, including contract theory, comparative torts, intro to Greek, and control of product safety in the EU. We have two other summer schools on the large island of Rhodes (before and after, for instance if you want to combine two as many students do). Classes are in English and admit students from law schools all over. Just contact assistant director J. Sayas for more info, at ac 504 and number 865 - 5981 or email jsayas AT tulane.edu. She knows about Spetses and Rhodos. Here is a link to the resort hotel we stay at (pretty cheap, includes meals) on Spetses: enjoy the view. And links to my course info from past years. Your room looks out on the view left. There is no immediate deadline, but it is best to sign up in March to ensure the program continues.
Saturday, August 30, 2008
Posted by Alan Childress
So far I have found some useful links for storm information and various storm tracking tools and maps. Such trackers include 5-day models, computer models, interactive maps, and blogs. News stories are at Nola.com which is run by the Times-Picayune. They also link some trackers, as does The Weather Channel at Updates (but more specific and detailed ones are at my other links to follow).
Both Gustav and Hanna also have their own trackers and graphics at local Channel 6's www.wdsu.com. The local Fox channel (Live 8) has several good satellite sites here. An interactive one here is from StormPulse. They have one for Hanna too. Both allow zooming.
Here is an MSN storm tracker using Virtual Earth and allows zooming. You may need to update it as the link may be to an earlier map. Its advantage is that city names and locations are superimposed, so it is more useful than some of the others where you guess where Houma and Kenner are. It also projects windspeeds if you let your cursor sit on a spot.
The U.S. Geological Survey, here, has set up sensors to allow tracking of storm surge for Gustav. It is presented and explained well on a map. "This interactive tool can be used to track storm surge and floods in real-time on Google Maps before, during and after the storm." Its zooming tool is extremely precise and detailed, allowing you to create a zoom box.
Sunday, June 8, 2008
Posted by Alan Childress
I think hard work (preferably non-law) and/or travel are the best preparation for starting law school, for opposite reasons. Hard work so that being back in school will be fun, will feel like a reminder that it's not the real world (sometimes for the better). Or travel because it may be the last time for a while. Either way, come to law school fresh and grateful for the opportunity.
Elsewhere, and with more substance and literary value, there is advice from several good sources:
--suggested summer reading lists from law schools at Appalachian and Hofstra, as well as U Conn's Anne Dailey. Tulane's own Susan Krinsky has an extensive and thoughtful reading list that she has put together for admitted and prospective students to choose from: Download List2008.pdf.
--a few tips posted on Amazon.com, now that it is working again.
--serious advice from The J.D. Project, Inc. in this post.
--a student at Widener gives this advice on its admissions site.
--an "older guy" offers advice at nontradlaw blog.
--Eugene Volokh and lots of commenters here spoke to the reading list issue in 2007, and even more VC commenters added their book ideas here. (Our recent post related to To Kill A Mockingbird is here.)
--a response to Volokh, from the feminist perspective, by Ms. JD and her commenters. It includes doing nothing or getting a tan.
Me, I worked in a movie theater selling tickets, and for a papermill company counting beavers. The latter involved some travel. And I got tanned.
UPDATE in 2010: To the extent some of the lists have Holmes, The Common Law, on the list -- or even more so if they leave it off because it is somewhat inaccessible despite its clarity on criminal intent, torts, and contracts -- there is my new ANNOTATED version of it that makes it accessible to anyone, even non1Ls. It is at Amazon for Kindle and apps for Apple, PC, BlackBerry, Ipad etc. And at Smashwords for simple downloads and online viewing, including a very nice linked and active PDF for those who do not have reader apps in epub or Kindle formats. Smashwords also has it in epub for Nook and Apple, and has Sony and basic rtf and Java. Look for a paperback by early fall 2010.
UPDATE in 2012: all the lists seem to have Llewellyn's The Bramble Bush, as a how-to guide to 1Ls, so I helped bring it back and made it available in Kindle, iBooks, Nook, and paperback. Blog post on that here; and Amazon is here. We also released Epstein's Women in Law. Enjoy!
Thursday, March 6, 2008
Posted by Steven Alan Childress
I have recently posted to SSRN this 5000-word summary on the legal profession. It appeared as the entry "Lawyers," in volume 2 of David S. Clark, ed., Encyclopedia of Law and Society: American and Global Perspectives, p. 930 (Sage 2007). The encyclopedia's information is linked here and it's shown right. The essay's abstract is:
This entry summarizes the definition, roles, and organization of lawyers and the legal profession, from an American and comparative perspective. Discussion includes legal education and entry into the profession, identification and counting of members, regulation of lawyers, scholarly views on the profession, and sociological issues involving women and minorities. Geographic examples include the U.S. and United Kingdom, as well as such civil law jurisdictions as Japan, France, and Germany. Given that there is no shared concept of the legal profession, cross-cultural comparisons are difficult and often erroneous, but often make political fodder. Current and classic writings on the legal profession are considered.
Thursday, September 13, 2007
Posted by Jeff Lipshaw
That's the suggestion of Michelle Morris, Lecturer in Law and Research Librarian at the University of Virginia Law School in a piece over at the Yale Law Journal Pocket Part in a reaction to "L'affaire Trustafarian" involving Boalt and Hastings after the Virginia Tech tragedy.
Alan and I both expressed views similar to those of Michelle back when the issue was hot - law students need to understand that they become lawyers, and are held to the standard of lawyers when they get to law school, not just when they graduate. The question back then was whether the Boalt student at the center of the controversy would be obliged to disclose the contretemps in his or her bar application. Michelle goes two steps further by suggesting not only the bar application but the law school application require the disclosure of any screen names or aliases used by the applicant.
I'm not sure how I feel about the suggestion. Requiring disclosure of online activity while one was a law student, at least after having been given the kind of warning some schools are now giving (I believe including here at Suffolk), does not seem too draconian to me. But I'm not sure it's fair to go back to what one did as an eighteen year old, and in any event, do the costs outweigh the benefits of that?
Tuesday, August 28, 2007
Posted by Alan Childress
Here is a link to download my 5000-word entry on "Lawyers" which appears in volume two of the fresh-out Encyclopedia of Law and Society: American and Global Perspectives, edited by David Clark at Willamette and published by Sage: Download lawyers_entry.pdf
Tuesday, May 1, 2007
Posted by Alan Childress
Grading exams, I missed my law school class reunion last weekend. Nevertheless, there were protests and heckles. As it turned out, the Attorney General showed up, prompting some quick-action protests themed around Abu Ghraib. Here is the story, from a Flickr website, Gonzales protested during harvard law reunion photoshoot. And their photo of the '82 class photo, also featured on this Stop Torture site. Protesters actually yelled "I don't recall" while the photographer was prompting "cheese." I think I recognize Stu the Philly labor union lawyer to his right and down one.
Wednesday, April 4, 2007
Apropos of Alan's post below, I have unearthed evidence that he was not shorter than Napoleon. I have to admit that I now cannot recall if the photo at the left is of Napoleon, or from Alan's page on the Tulane Law School faculty web page. If the latter, I believe it's a candid shot of a lecture in a Legal Profession class.
Monday, April 2, 2007
Posted by Alan Childress
Sage Publications announces its new Encyclopedia of Law and Society, to be shipped June 12. It is edited by comparative law scholar David S. Clark (Willamette), shown right, and can be ordered from Sage here or Amazon here (the latter at a nice discount for pre-order). The project includes a 5000-word entry "Lawyers," about the legal profession in the U.S. and comparatively, written by me. I have attached that entry (with their permission) as a PDF file, LawyersChildress.pdf.
The three volume one million word Encyclopedia of Law and Society: American and Global Perspectives (Sage) is planned as the largest comprehensive and international treatment of the law and society field ever undertaken. Its Advisory Board of 62 members, from 20 countries and six continents, represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. Almost 700 entries will be biographical, historical, comparative, topical, thematic, and methodological, varying from 500 to 5,000 words.
By globalizing the encyclopedia's coverage, American law and society will be better understood within its historical and comparative context. Conversely, the rich diversity of European, Latin American, Asian, African, and Australasian developments for the first time can be presented in one place. In this way the truly holistic, interdisciplinary virtues of law and society can be revealed.
Thursday, January 18, 2007
My friend and co-editor, Alan Childress, has been named to the Conrad Meyer III Professorship in Civil Procedure at the Tulane University Law School. There are so many things one could say at this moment that would be wholly inappropriate to the tone of great honor, dignity, and solemnity I want to invoke.
Let's just review the bidding for a moment. In addition to his Harvard law degree, Professor S. Alan Childress has a Ph.D. in Jurisprudence and Social Policy from the University of California at Berkeley. Alan has been a member of the Tulane faculty since 1988, where he has taught "The Legal Profession" since 1990, and "Comparative Legal Professions" since 2002. He is co-author of the classic treatise Federal Standards of Review. While visiting at George Washington this year, he has mastered TypePad technology, and his contributions to this blog are widely admired (other than in certain quarters of the body art community).
Please join me in congratulating Alan on this honor.
Tuesday, December 19, 2006
Posted by Alan Childress
Apparently I have been named Time Magazine's "Person of the Year," and my mother is beaming with pride. My father still is not impressed. I can't thank enough all the little people, like Jeff and Mike, mostly because who has time now that I have to go update my curriculum vitae. (I try to put out of my mind the fact that Adolph Hitler was named their Man of the Year like in 1937.) Avid reader of LPB knows that this latest honor follows on my being named "a popular law professor," not by my students of course but rather by the haute tattoo community. I accept all such honors with the same sort of pride.
Monday, November 20, 2006
Speaking of penalty for early withdrawals... Teaching at GW this year, I am next to the World Bank up here in chilly DC. Let me tell you, that bank is not user-friendly. Barricades where the parking should be. No ATMs or tellers I could find. Lots of security guards everywhere, sure, but none would tell me where the ATM or tellers were. What gives?
I'm guessing no toaster to open a new account either. Maybe that's why it seems to be picketed every other week. No problem controlling unruly protesters, though. Next to the bank is the Impossible Mission Force building with even more security. [Alan Childress]
Monday, October 2, 2006
As newspapers and efficiency studies lament the time drain of emails (also affecting lawyers and society so that is my hook to say this here [I know, lame]), I propose we all start putting NNR for 'need not reply' in the headings right after RE (even with a title following) of all emails that just provide information. I'd bet those emails would get opened first and more often than ones not so identified. I think people believe they have to reply to an email to be polite so they do, and the endless communications snowball starts. That could be cut considerably by an ethic of giving information with no expectation of reply. If this catches on, I have calculated that email ping-pong will reduce by 642%. --Childress
Thursday, September 28, 2006
posted by Alan Childress
Two cherry pop-tarts, and I feel "badly" about the Iraq War. There, I am officially a blogger.
Mainly to practice using links and inserts, this post announces that Tulane Law School's summer school in Spetses, Greece--open to students from all law schools--includes a course in Comparative Legal Professions. I will be teaching it (and can be reached by this corrected email). The course description:
Lawyers perform different roles in many countries. They are organized and regulated in various ways. Even the concept of "profession" defies a uniform label. This course explores the profession's functions and rules in nations of the civil law (including Greece, Germany, Venezuela, and Japan) and common law (UK and USA). Topics include advertising, conflicts, legal education, and advocacy.
Photo is a view from the site of Tulane's summer school program on the Greek isle of Spetses. In addition to the above, it includes courses on international civ pro, contract theory, comparative family law, and healthcare & justice. The 2007 session will run three weeks from June 17-July 6. Tulane also has programs in Rhodos, Greece, as well as several other countries. My opinion: these programs are amazing and rewarding. More photos from the Spetses program (spot the one with Justice Scalia?--his really great wife Maureen favors Greece) are here and that site's home [first] page.