Author Archives: Michael Froomkin

Two Great Essays at Jotwell

I try not to use this blog to promote my other projects too often for fear of becoming a broken record.  But sometimes I cannot resist.

Over at Jotwell we’ve been publishing a whole lot of interesting reviews of recent scholarship relevant to the law, and I could be bragging about it every week.  But the two most recent essays have been particularly extraordinary, and I recommend them to everyone.

Sex/Power/Law is Robin West‘s review, for our Jurisprudence section, of Marc Spindelman, Essay, Sexuality’s Law,  20 Colum. J. Gender & L. (forthcoming 2011). It begins like this:

Marc Spindelman’s essay Sexuality’s Law, forthcoming in the Columbia Journal of Gender and Law, is one of the most extraordinary pieces of legal writing on the interrelations of law, culture and sexuality to appear in a law journal in well over a decade, perhaps much longer.

It ends with:

This is writing that matters, that serves truth, that responds to injury, and that restores one’s faith in the legal academy; this is what legal scholarship can be.

And the stuff in between is well worth your time.

Banana Republic.Com is Frank Pasquale‘s review, for our Cyberlaw section, of Jonathan Zittrain, Ubiquitous Human Computing, Phil. Trans. R. Soc. A, vol. 366 no. 1881 3813-3821 (28 October 2008):

Wasn’t the internet supposed to solve these problems? Wouldn’t a “wealth of networks” guarantee opportunity for all, as prediction markets unearthed the “wisdom of crowds?”  It turns out that the net, while mitigating some forms of inequality in the US, is accelerating others.  Jonathan Zittrain’s essay “Ubiquitous Human Computing” examines a future of “minds for sale,” where an atomized mass of knowledge workers bid for bite-sized “human intelligence tasks.”  Zittrain explores some positive aspects of the new digital dispensation, but the larger lesson is clear: without serious legal interventions, an expansive global workforce will be scrambling for these jobs by “racing to the bottom” of privacy and wage standards.  This review explains Zittrain’s perspective, applauds his effort to shift the agenda of internet law, and argues that trends untouched on in Zittrain’s essay make his argument all the more urgent.

This review is a little longer than our usual fare, but it’s a rollicking read about a very important subject.

Posted in Law: Internet Law, Legal Philosophy, Readings | Comments Off on Two Great Essays at Jotwell

Sony Wins Award

Unfortunately, it’s Today’s Award for the Silliest Theory of the Computer Fraud and Abuse Act.

Posted in Law: Criminal Law | 2 Comments

I Don’t Think So

Not that I’d mind, but I don’t think so.

I am:

William Gibson

The chief instigator of the “cyberpunk” wave of the 1980s, his razzle-dazzle futuristic intrigues were, for a while, the most imitated work in science fiction.

Which science fiction writer are you?

[Original draft 2/13/2008. In preparation for my blog redesign, I went through draft blog posts that somehow never made it to publication. This is one of them.]

Posted in Meaningless Personality Quizzes, Zombie Posts | 2 Comments

The Sotto Voce of Experience

Seth Grodin writes about Getting serious about your meeting problem:

If you’re serious about solving your meeting problem, getting things done and saving time, try this for one week. If it doesn’t work, I ll be happy to give you a full refund.

  1. Understand that all problems are not the same. So why are your meetings? Does every issue deserve an hour? Why is there a default length?
  2. Schedule meetings in increments of five minutes. Require that the meeting organizer have a truly great reason to need more than four increments of realtime face time.
  3. Require preparation. Give people things to read or do before the meeting, and if they don’t, kick them out.
  4. Remove all the chairs from the conference room. I’m serious.
  5. If someone is more than two minutes later than the last person to the meeting, they have to pay a fine of $10 to the coffee fund.
  6. Bring an egg timer to the meeting. When it goes off, you’re done. Not your fault, it’s the timer’s.
  7. The organizer of the meeting is required to send a short email summary, with action items, to every attendee within ten minutes of the end of the meeting.
  8. Create a public space (either a big piece of poster board or a simple online page) that allows attendees to rate meetings and their organizers on a scale of 1 to 5 in terms of usefulness. Just a simple box where everyone can write a number. Watch what happens.
  9. If you’re not adding value to a meeting, leave. You can always read the summary later.

Even though I have some fear the results could be disastrous, I would love to try this at faculty meetings.

[In preparing for my blog redesign, I found draft blog posts that somehow never made it to publication. This is one of them. Original draft 3/26/2009, but this one is timeless.]

2011: The pedant in me wants to know how someone can be “more than two minutes later than the last person to the meeting” other than by being the only person who doesn’t  turn up at all. 

See also How to Run A Meeting (7/16/10).

Posted in Law School, Zombie Posts | 4 Comments

Fog!

Miami FogSerious fog is rare in Miami. We get the occasional wisp of mist, but this morning’s drive was the foggiest I can recall in a long time: Visibility was maybe three car lengths in traffic.

Then again, there was much less traffic than usual too, so that was fine.

(Photo: Fog over downtown Miami, January 2008, by miami_jj. Some rights reserved.)

Posted in Miami | 1 Comment

Lucky Me

While you were having your vacation I was, among other things, enjoying various bits of diagnostic medicine, most of it fortunately not too invasive. Most of the tests were routine, one — that my doctor called “semi-routine” — was due to an inconclusive result of a routine test, and one was an ordinarily routine test made more salient as it would also rule out various unpleasant possible diagnoses not inconsistent with my condition. I might have been tempted to call some of it defensive medicine, except that with my recent history there do seem to be reasons for what otherwise might seem an excess of caution.

Anyway, all the results are now in, and they’re all good.

So here, to celebrate, is a video about luck:

Maybe I belong in the video?

Posted in Personal | 4 Comments