An intriguing, far-ranging perspective on scholarly publishing that ties early 3rd century revolutions in scholarly publishing with modern trends towards open access and digital archiving:
Instead of using the noble scroll, Origen decided to take advantage of the page structure of the humble codex. Dividing each of two facing pages into three columns each, he began [...]
In my view, the fact that criminal procedure rules are judge-made led fairly directly to the exclusionary rule. Put simply, the exclusionary remedy is the one remedy that judges can completely control. There are a variety of ways to enforce rules of criminal investigations, such as lawsuits, criminal prosecutions, and internal discipline. But all of [...]
The Founders might have used quill pens, but they would roll their eyes at how, in this supposedly technology-minded era, we’re undermining their intention to encourage innovation. The U.S. is stumbling in the transition from their Industrial Age to our Information Age, despite the charge in the Constitution that Congress “promote the Progress of Science [...]
“A disgruntled city computer engineer has virtually commandeered San Francisco’s new multimillion-dollar computer network, altering it to deny access to top administrators even as he sits in jail on $5 million bail, authorities said Monday.”
Craziness! See the SF Chronicle article at:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/07/15/BAOS11P1M5.DTL
Evidence Faulted in Detainee Case – NYTimes.com:
With some derision for the Bush administration’s arguments, a three-judge panel said the government contended that its accusations against the detainee should be accepted as true because they had been repeated in at least three secret documents.
The court compared that to the absurd declaration of a character in the [...]
Sam Kamin at PrawfsBlawg points out that the New York Times has discovered SSRN. He writes:
It’s actually a pretty decent synopsis of the SSRN phenomenon, noting that it takes away the power of gatekeepers, makes scholarship available to the masses and lets them decide what’s worthy, etc. It points out that sexy still sells, noting [...]
This is a quote from Stanley Fish in an editorial in the New York Times, entitled Think Again. I highly recommend the discussion. It’s a well-reasoned and articulate argument for thinking over feeling in the classroom, for compartmentalization and intellectual passion for the material being taught. He counters the widespread postmodern argument that one cannot [...]
Revision3 CEO: Blackout caused by MediaDefender attack – ars technica:
Revision3, the Internet television network behind popular shows like Diggnation, experienced a serious network failure over Memorial Day weekend. CEO Jim Louderback revealed today that the outage was caused by a massive denial of service attack that he says was perpetrated by MediaDefender, a file-sharing mitigation [...]
Viacom Ups Ante In YouTube Copyright Spat: Google More Than A Mere Enabler – washingtonpost.com
Cynthia Brumfeld noticed that Viacom actually raised the stakes in a recently (.pdf) amended complaint from April. In addition to pointing out that YouTube hosts all kinds of copyrighted content, the company emphasizes that YouTube is guilty of public performance of [...]
Balkinization – Grading the California same-sex marriage opinion:
The California Supreme Court’s opinion is distressingly conclusory. It combines a tortured and probably unsalvageable substantive due process analysis with a strange, ultimately barely successful equal protection argument. If it is persuasive, it is barely so. Law professors are grumpy people who care less about whether you’ve argued [...]
Law Blog – WSJ.com : Defense Department Jettisons Charges Against ’20th Hijacker’:
On the Gitmo front, the last several weeks have brought the Bush administration a series of legal defeats. First, Gitmo’s former chief prosecutor turned against the Pentagon, testifying that political interference had tainted the military commissions, set up to prosecute detainees. Then a key [...]
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