Author Archives: Michael Froomkin

U. Chicago Prof. Geoffrey Stone: ‘Senate Should Not Confirm Samuel Alito’

Geoffrey Stone, The University of Chicago Law School Faculty Blog: Why the Senate Should Not Confirm Samuel Alito:

Judge Alito is a smart, experienced, and knowledgeable jurist. I have no doubt of his legal ability. I do not share either his judicial philosophy (apparently a mixture of quasi-originalism and social conservatism) or his views about many issues likely to come before the Supreme Court (ranging from the right to privacy to federalism). In such circumstances, I ordinarily would support his confirmation. On balance, the Senate should give more weight to excellence than judicial philosophy, and that is why I endorsed the confirmation of John Roberts.

Whatever else Judge Alito may or may not have made clear about his views on such issues as abortion, federalism, and religious freedom, he has certainly made clear that he has no interest in restraining the acts of this commander-in-chief. That, in my judgment, poses a serious threat to the nation, and is a more than adequate reason for the Senate – Republicans and Democrats alike – to deny his confirmation to the Supreme Court of the United States.

Tell me again that this is a done deal?

Posted in Law: The Supremes | 4 Comments

Feminist Law Profs Blog

Ann Bartow has set up a blog for Feminist Law Professors which sports an impressive list of participants. One more for the blogroll & newsreader

Update: A link in case you are looking for the Feminist Law Proffessors Blog News Feed.

Posted in Blogs | 1 Comment

NSA On How To ‘Sanitize’ Word & PDF Documents

Lawyers especially will want to take note of this very useful document identified by Cory Doctorow. It seems the NSA’s Architectures and Applications Division of the Systems and Network Attack Center (SNAC) Information Assurance Directorate, no less, has released a long report on Redacting with Confidence: How to Safely Publish Sanitized Reports Converted From Word to PDF.

It’s released as a pdf!

Posted in Software | 4 Comments

Genuinely Interesting Disasters Dept.

David Weinberger provides pointers to great discussions of a fascinating train wreck of an idea:

Joho the Blog: The $100,000 Bottom-Up Pyramid|| Zephyr Teachout and Britt Blaser, both veterans of the Howard Dean Internet campaign, reflect on how to fix what’s going wrong at the well-intentioned Since Sliced Bread contest. The Service Employees International Union (SEIU) is sponsoring the contest, offering $100,000 to the person who comes up with the best idea for improving the lives of working women and men. 22,000 ideas were submitted which “a group of diverse experts” winnowed to 70, a process some felt was too top down.

This is a fascinating case in which a bottom-up process is supposed to squeeze out a single winner, the contest is intended to advance the social good, and the reward includes a hefty chunk of change.

I sat next to Zephyr Teachout at a conference dinner once. She’s very interesting — someone to watch.

Posted in Internet | Comments Off on Genuinely Interesting Disasters Dept.

My Grades Are In

I finally finished grading today — an activity that for me always re-enacts Parkinson’s Law.

I find grading very difficult and stressful. It takes a long time.

That it is dreadfully boring is not the worst of it, although it does seem to get more and more boring the more often I teach the same course (the questions change more than the errors do — an indictment of my teaching, no doubt). I feel it requires the utmost care, since the outcomes matter so much to the students. And while I am pretty sure that most of my grades would be the same were I to grade these again next month, especially the A’s B+’s C’s and down, there is a large mass of exams clustering around the C+/B border (we don’t have a B- grade here), where I am pretty sure a degree of randomness, or arbitrariness if you prefer, inevitably creeps in. These are exams with some virtues, far from lost causes, but they each bear several specimens from the menagerie of incommensurable vices. And I must reduce them to a number or letter.

The worst part of it is that I want the students all to do well. And of course they don’t all do well. Blah answers are bad enough. What really drives me ’round the bend are the aggressively wrong ones. How, I ask myself, could they be there in the room with me — and they were there, I take attendance — for so many hours and still think that? How could I have failed to communicate something so basic? And whether or not it was my fault, what will happen if they inflict this misunderstanding on clients? And how, now that they are out of my clutches, will I ever set them straight about it? And, oh look, it’s quite a while since my mind wandered….

We don’t have a curve except for first year students. And I usually let the chips fall where they may. This year, however, I graded a little differently from usual. Thanks to some prodding via a general memo to all the faculty from an Associate Dean, I was slightly more lenient this year. To begin with, in addition to the two-week attendance-taking moratorium right after Wilma, I forgave slightly more absences than I otherwise would have.

In Internet Law I rounded a few grades up instead of, as usual, rounding everything down. (The usual rule is less harsh than it sounds since I give a lot of generous class participation credit, which I find tends to inflate grades. Were I to round up routinely, between rounding and class participation credit, a lucky C+ could become a B+; that’s just too big a leap for me.)

In Administrative Law, I gave every student a 0.125 point (out of 4.0) ‘hurricane bonus’ which resulted in raising a substantial number of grades. Even so, to my surprise, this left me slightly under the five-year average grade distribution for core courses at UM as regards the number of A’s.

Since I submit exam grades on blind grading numbers and simultaneously hand in a list of who will get fixed quantities of class participation credit before I know who got which grade, I don’t have an obvious way to curve grades to achieve some predetermined quota, even if I wanted to. Which I don’t, particularly.

I will say this: if you got an A on my exam, or even as a final grade in my class, you earned it. (Students wishing to see the overall grade distribution for their class can find it at that class’s online presence. Individual grades are only available from the Registrar and via MyUM.)

I would love to teach an extra class in a week or two in which we all went over the exam and discussed it. But I fear that many of the students who would benefit the most from such a thing would not attend.

Posted in Law School | 5 Comments

One Million Hedgehogs Are Missing

In other British animal news, hedgehogs are vanishing.

Where have all our hedgehogs gone?: the British hedgehog population in the mid-90s was, very roughly, about two million. Today, that figure might be down to a million. As nobody has any idea of the population dynamics once the overall numbers are so radically depleted, there is no telling what will happen next.

Does it matter? Of course it matters. The loss of the hedgehog would be more than just the loss of a small, prickly Mrs Tiggywinkle. Unlike any other animal in this country – except, perhaps, the mole, whose condition is, if anything, even more opaque, and just as likely to be following its own chute to oblivion – the hedgehog has always been a symbol and embodiment of something subtle and tender in the landscape. It is not a flamboyant showman of a creature, but quiet, nocturnal and discreet. Even though it has a great sense of smell – it can sniff a dog 35ft away – and can jump two feet to catch a beetle, and that a Russian hedgehog once found its way back home after it had been dropped 48 miles away across the tundra, the hedgehog is not, on the whole, a very clever creature. It has a very small brain and very conservative habits. It is no fox. One owner tried to teach his hedgehog a simple lesson – open the red door for lunch – 4,000 times. It looked the other way.

It is a widely treasured creature. The British Hedgehog Preservation Society has more than 600 “carers” on its list, the stars of which are probably Ken and Sue Lewis of Rochdale, who take in up to 2,000 injured, poisoned, orphaned or burned hedgehogs a year (157 there this week). Why? “I suppose because they have adorable faces,” Mrs Lewis says. Fay Vass, chief executive of the BHPS, thinks: ‘He’s just a useful chap to have around. And if what we are doing is damaging hedgehogs, people need to buckle down and start to think of other animals apart from ourselves.” Only in England would the conservation of wild mammals be discussed in these terms, but “a useful chap to have around” sounds strangely like what a hedgehog’s rather modest description of itself might be.

This is, straightforwardly, a question of knowledge. The hedgehogs are dying because we don’t know what we are doing to them. Without that knowledge, quite silently, an unobtrusive world is being mauled and, because it is largely invisible, nothing much is being said about it. Unless that knowledge is acquired – and acted on – the hedgehog, in our lifetimes, will end up as little more than a memory.

There’s lots more lyrical stuff there I didn’t quote — including ties to a Philip Larkin poem.

I forget: Is hedgehogs vanishing one of the signs of global warming or of the Apocalypse? Or just routine ecological disaster?

Posted in UK | 6 Comments