Professor Neil Richards of Washington University Law School has posted on SSRN his recent essay, The Information Privacy Law Project, 94 Geo. L.J. 1087 (2006). He reviews my book, The Digital Person, and offers an interesting and insightful critique. Although he takes issue with some of my arguments and with the term “privacy,” I find his review to be mostly a friendly amendment rather than an attack. Here’s the abstract:
How does the United States rank among countries in privacy protection? Practically at the bottom according to a ranking by Privacy International, a UK-based privacy advocacy group. The ranking is based on Privacy and Human Rights, an annual report about privacy laws around the world published by Privacy International and the Electronic Privacy Information Center. Here’s the ratings table and here’s the briefing paper for the table. Unfortunately, every time I try to access the PDF file of the briefing paper that explains the rankings, it not only fails to load, but it also crashes my browser, whether Firefox or Explorer.
The press release for the rankings states:
The British Psychological Society reports the results of a new study on the effects of reading literature:
The New York Times reports:
In 41 states, people accused or convicted of crimes have the legal right to rewrite history. They can have their criminal records expunged, and in theory that means that all traces of their encounters with the justice system will disappear.
But enormous commercial databases are fast undoing the societal bargain of expungement, one that used to give people who had committed minor crimes a clean slate and a fresh start.
Most states seal at least some records of juvenile offenses. Many states also allow adults arrested for or convicted of minor crimes like possessing marijuana, shoplifting or disorderly conduct to ask a judge, sometimes after a certain amount of time has passed without further trouble, to expunge their records. If the judge agrees, the records are destroyed or sealed.
But real expungement is becoming significantly harder to accomplish in the electronic age. Records once held only in paper form by law enforcement agencies, courts and corrections departments are now routinely digitized and sold in bulk to the private sector. Some commercial databases now contain more than 100 million criminal records. They are updated only fitfully, and expunged records now often turn up in criminal background checks ordered by employers and landlords.
In a post today, Kaimi responds to a fequent student criticism of law school pedagogy. That criticism is that many students don’t learn much from hearing other students speak in class. In large classes (not seminars), many students think that time is wasted when so much class time is devoted to other students talking. They feel that they are taking the class to learn from the professor, not from other students.
There is an interesting discussion raised over at PrawfsBlawg about how law professors should enforce student preparedness in the classroom. Mike Dimino (law, Widener) (guesting at PrawfsBlawg and a former guest blogger here at Concurring Opinions) described a chronically unprepared student and noted the strong punishment he intends to deliver: “[I] plan to call on the lazy student every day for the rest of the semester (or at least a suitably lengthy period short of the whole semester) plus decrease his grade one step for poor class participation, but I suspect such treatment is not nearly severe enough (plus it wastes the time of other members of the class).” In a follow-up post, Mike noted that enforcing preparedness “is a lesson in professionalism, encouraging students who would otherwise slack off to expend the effort necessary to learn.” He argued that “student unpreparedness fosters an attitude of apathy that lowers the expectations of everyone and makes it impossible to teach to the high end of the class.”
Since PrawfsBlawg is experimenting with “research canons,” I thought I’d take this opportunity to create a “law movie canon” post. So here’s a list of my five favorite law movies. I’m basing this list on the following totally objective standard: Do I really like the movie? I actually happen to be an expert in things I like, and I therefore believe I am uniquely situated to create this list.
So here’s my list, in no particular order:
Larry Solum (law, Illinois) has a terrific post about interdisciplinary work in law. Unlike the typical simplistic calls for more PhDs in law, Solum’s post delves into the issue of interdisciplinary knowledge in a much deeper way. He argues that legal academics need at least basic competence in normative legal theory, law and economics, empirical legal methods, positive political theory and attitudinalism, and social science and history. He notes that merely having a PhD is unlikely to bring knowledge of this diverse array of fields. Moreover, Solum says, “[i]nterdisciplinary ignorance is a two way street.” Experts in other disciplines also struggle with being interdisciplinary. He concludes: “As a consequence, the legal academy continues to reinforce interdisciplinary ignorance. As a profession, we are failing badly in the training of future legal academics.”
I’ve just finished reading Judge Richard Posner’s new book, Not a Suicide Pact: The Constitution in a Time of National Emergency (Oxford, 2006). The book is a slender volume, with a remarkable feat for a law professor — absolutely no footnotes or endnotes or citations of any sort save a short bibliography at the end.
Recently, several senators have been accused of putting a “secret hold” on a bill designed to curtail pork-barrel spending. According to Reuters:
Any member of the Senate may place a secret “hold” on legislation, which prevents it from being brought up for a vote until concerns about the measure are resolved.