Wednesday, February 25, 2004

Smoking Gun

Tuesday, over 300 websites and blogs staged a 24-hour online protest over a record company's attempt to prevent them from distributing downloadable copies of "The Grey Album." The sites offered the album for download to stage 24 hours of mass copyright infringement.

"The Grey Album" mixes music from the Beatles' "The White Album" and Jay-Z's "Black Album" and was created by Brian Burton, an LA deejay who did not obtain permission from the copyright holders of the music.

Unfortunately I got sucked in by law school and missed it. But you can still find links here to download the album.


Tuesday, February 24, 2004

Where's the Beef?

On the surface, free trade is a mainstream idea. Opposition to it usually puts you in the loathsome ranks of Pat Buchanan.

But perhaps the supposed supporters of trade liberalization don't really get it.

The recurring wave of concern about off-shoring reflects some odd cognitive dissonance between what's good for workers and what's good for consumers. At least in theory, most politicians will support companies and individuals buying cheaper goods from foreign countries. But if it means buying cheaper labor, suddenly this is a whole different issue. John Edwards loves to wax nostalgic about when manufacturing jobs used to be in the South.

Haven't we already gone over this?

"A burgeoning trade in services provides an important outlet for U.S. expertise in sectors such as banking, engineering, and higher education. The ability to buy less expensive goods and services from new producers has made household budgets go further, while the ability of firms to distribute their production around the world has cut costs and thus prices to consumers. The benefits from new forms of trade, such as in services, are no different from the benefits from traditional trade in goods." This lucid explanation comes from Gregory Mankiw, chairman of the President's Council of Economic Advisors, whose testimony before the House Joint Economic Committee describes economic concepts in manageable textbook language.

Whether it's manufacturing or services jobs, the same principle applies. Letting companies buy cheaper labor means that their resources can be allocated to other areas: research and development, dividends, price-cutting...etc. all of which will still benefit us. The other economic reason is that in the long run, placing restrictions on off-shoring would only discourage companies from ever coming here.

Then there's the moral argument: If we're really concerned about the world's less well-off and globalization's seemingly disjointed effects, then we should allow qualified Indians, Bengladeshis and Guatamelans to get the jobs which they can perform cheaper than Americans.

Tuesday, February 10, 2004

Europeans are from Venus, American are from Mars

News from our allies across the Atlantic:

With overwhelming support, France's National Assembly passed a ban on displaying religious symbols at state schools. The probable effect will be that Muslim girls will be expelled and have to go to Islamic schools instead.

In Helsinki, one of Finland's richest men has been
fined
$217,000 (170,000 euros) for speeding because Finnish traffic fines vary according to the offender's income.

Friday, February 06, 2004

In Loco Parentis

Next reading assignment for Civil Procedure: Zealous Advocacy and Ethical Considerations

An exchange between two Chicago trial lawyers as described by Judge Marvin Aspen, U.S. District Judge in the Northern Distirct of Illinois:

"Attorney V had just asked Attorney A for a copy of a document he was using to question the witness:

Mr. V: Please don't throw it at me.
Mr. A: Take it.
Mr. V: Don't throw it at me.
Mr. A: Don't be a child, Mr. V. You look like a slob the way you're dressed,
but you don't have to act like a slob...You deny I've given you a copy of
every document?
Mr. V: You just refused to give it to me.
Mr. A: Do you deny it?
Mr. V: Eventually you threw it at me.
Mr. A: Oh, Mr. V, you're about as childish as you can get. You look like a
slob, you act like a slob."

These were two lawyers working on a multi-billion dollar case. A follow-up question in our reading: "What effect is your legal education having on your civility in law school or in daily life?"

Ideally, education is the refinement of your mind and spirit. In reality, it may be just gaining a few skills. But law school might be the unique exception where the skills you gain are questionable and you just become more of a schmuck in the process.

Perhaps the adversarial nature of the legal process is to blame. Whereas competition in business isn't zero sum (your winning doesn't mean that I lose), competition in the law usually is: when one party wins a claim, the other must lose. There's less of an incentive to work together unless you have a vague sense of working for justice even if it hurts your client.


Thursday, February 05, 2004

No Jobs for You!

Want a $80,000 to $100,000 salary?

Want an exciting job and a challenging environment in a field so hot the temperature gets up to 130 degrees?

Then have we got the job for you. Work for Halliburton in Iraq.

The company hires about 400 workers a week with 7,000 in Iraq already to handle military support operations like delivering mail, driving forklifts and installing air conditioners. Most of the recruits are unemployed or underemployed Americans.

But aren't there plenty of unemployed Iraqis to hire?

WSJ to Bush: Why Not?

The Wall Street Journal now joins the chorus of those who want direct elections in Iraq.

"We've been inclined to give the Administration the benefit of the doubt on this. But the more we've listened, the more we haven't heard a good answer to the question, Why not elections? The U.S. is now in the anomalous position of having liberated Iraq in the name of democracy but opposing elections. This is adding to Iraqi mistrust of American motives and may lead to more trouble down the road."

Generally the Wall Street Journal has been cautious in its criticism of the administration's handling of Iraq. The paper did support the war. But the editorial makes the practical point that even if the caucuses result in moderate leaders taking office, their decisions would be viewed as illegitimate and increase the likelihood for a more extreme group to take hold.

Tuesday, February 03, 2004

Let's Settle. What's Your Screename?

Lawsuits against New York city for personal injury claims will now be settled online. New York is the first municipality to sign on with Cybersettle, a White Plains based company. The city has a backlog of 40,000 claims.

Online settling does not mean that people who want a day in court won't get it. The plaintiff can always refuse settlement offers. But settling over the internet will be cheaper for the city, and according to Cybersettle, "expedite the settlement process by eliminating posturing, personality conflicts and phone tag."

Would it be good to replace a normal court hearing with this? I think it wouldn't hurt to make it an option if both parties agree to it. If neither party wants the trouble of travelling to the court, of the attorney costs in preparing for oral argument...etc., we should let them use an alternative method of litigation that still has a judge and legal procedure but costs much less and takes less time.

Should it be required? No. Even if you had live dialogue online, there's still a difference in having the ritual of a hearing in court and having it over the internet. Perhaps that distinction will become less important over time but I doubt it because the internet has still not replaced the satisfaction we get from in-person contact.

Monday, February 02, 2004

Dukes of "As A"

1) The Superbowl:
While I've thrown off most of the authoritarian tendencies of my urban planning background, I still retain an abhorrence for the money we splurge on professional sports, stadiums and other trappings. Of all the things that cities could waste their money on.....And now they won't even let us see some boob.

2) As a (fill in the blank)
Read any letters to the editor section and you will see it everywhere. "As a mother of three, I think that income taxes should be increased." "As a white heterosexual, I think that Latinos should be called Hispanics"...etc.

In rare instances is the as-a phrase informative or even relevant. The author may believe that this device adds to his credibility, but it has the exact opposite effect: as-a suggests that his perspective is only valid because of his background and not because of any strength of reason or factual accuracy.

Alright, I'm no po-mo. I admit to being supremely uncool.

The Middle

From the Guardian's review of the history of prisoner exchange in light of the recent trade between Israel and Hizbullah:

"During the Hundred Years' war, the French had a penchant for cutting off the index and middle fingers of captured English archers, then turning them free in the knowledge that they were no longer militarily useful. The bowmen who remained unmutilated, it is said, used to wave their fingers at the enemy in a gesture that remains well known to naughty schoolboys and sufferers from road rage."

Wouldn't they have raised both their middle and their index finger then?


Beautiful Corpse

From the name Body Worlds Show, I expected a body builder competition of thoroughly tanned oiled physiques. But instead it's an exhibition of plastinated skinless cadavers (though probably with the same muscle-fat ratio as a body builder.) One plays chess with part of his cranium falling off. Another raises his arm lifting his flayed skin. Last week, a German was acquitted for his attack on a sculpture called, "The Organ Donor," which was a man holding his liver.

The creator of the exhibit is Dr. Gunther von Hagens, who created the plastination process where the fluids of the body are replaced by resins. He looks more like mortician than a medical doctor. The black hat certainly doesn't help.

Most of the bodies were donated directly to Dr. Hagens Institute of Plastination although some critics speculate that some bodies bought from medical institutes may those of prisoners, homeless or the mentally insane.

"It will democratise anatomy," Hagens claims, "make us understand our bodies better....They have to see it in a tasteful manner and not bottled up like pickles."

Hagens' sculptures are perfectly lean figures, nothing like you would find here. If he brings the show to the US, hopefully, he'll do make an American line of cadavers covered in puffy yellow lipids.