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Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.

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The Only Citation to Coase’s “The Problem of Social Cost” in the U.S. Reports is in a Brennan Dissent

November 27th, 2010

Oh the irony.

United Housing Foundation, Inc. v. Forman, 421 U.S. 837 (1975) (Brennan, J., dissenting)

All of the varieties of profit involved here accrue to the resident-stockholders in the form of money saved rather than money earned.FN2 Not only would simple common sense teach that the two are the same, but a more sophisticated economic analysis also compels the conclusion that in a practical world there is no difference between *864 the two forms of income.FN3

FN3. See, e.g., P. Samuelson, supra, n. 1, at 435; Coase, The Problem of Social Cost, 3 J. Law & Econ. 1 (1960).

I found 3 other cites to Coase in Supreme Court cases. Justice Kennedy cited to Coase’s “The Nature of the Firm” in Leegin Creative Leather Products, Inc. v. PSKS, Inc. Kennedy also cited Coase’s “The Federal Communications Commission” in Turner Broadcasting System, Inc. v. F.C.C.. Justice Harlan cited Coase’s “The Economics of Broadcasting and Government Policy” in U.S. v. Southwestern Cable Co.

Jefferson, Adams, and Franklin write the #Declaration on @Twitter

November 27th, 2010

This is awesome. H/T Corey Carpenter.

Wear 4th Amendment Underwear for the TSA

November 25th, 2010

From Gizmodo:

Every piece of these bras, t-shirts, underwear or socks is printed with the 4th amendment in metallic ink, which is apparently visible on TSA scans. The kids’ designs, which say “read the 4th amendment perverts,” are especially cute.

I’m all in favor of people keeping a copy of the Constitution on their person. I keep a Constitution in every suit jacket. However, TSA makes me take off my suit jacket when I go through security, so I suppose this is a surefire way to keep the Constitution at hand. It also comes in bra and t-shirt form.

A Thanksgiving Proclamation from our first President

November 24th, 2010

WHEREAS it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favour; and Whereas both Houfes of Congress have, by their joint committee, requefted me “to recommend to the people of the United States a DAY OF PUBLICK THANSGIVING and PRAYER, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to eftablifh a form of government for their safety and happiness:”

NOW THEREFORE, I do recommend and affign THURSDAY, the TWENTY-SIXTH DAY of NOVEMBER next, to be devoted by the people of thefe States to the fervice of that great and glorious Being who is the beneficent author of all the good that was, that is, or that will be; that we may then all unite in rendering unto Him our fincere and humble thanksfor His kind care and protection of the people of this country previous to their becoming a nation; for the fignal and manifold mercies and the favorable interpofitions of His providence in the courfe and conclufion of the late war; for the great degree of tranquility, union, and plenty which we have fince enjoyed;– for the peaceable and rational manner in which we have been enable to eftablish Conftitutions of government for our fafety and happinefs, and particularly the national one now lately instituted;– for the civil and religious liberty with which we are bleffed, and the means we have of acquiring and diffufing useful knowledge;– and, in general, for all the great and various favours which He has been pleafed to confer upon us.

And also, that we may then unite in moft humbly offering our prayers and fupplications to the great Lord and Ruler of Nations and befeech Him to pardon our national and other tranfgreffions;– to enable us all, whether in publick or private ftations, to perform our feveral and relative duties properly and punctually; to render our National Government a bleffing to all the people by conftantly being a Government of wife, juft, and conftitutional laws, difcreetly and faithfully executed and obeyed; to protect and guide all fovereigns and nations (especially fuch as have shewn kindnefs unto us); and to blefs them with good governments, peace, and concord; to promote the knowledge and practice of true religion and virtue, and the increafe of fcience among them and us; and, generally to grant unto all mankind fuch a degree of temporal profperity as he alone knows to be beft.

GIVEN under my hand, at the city of New-York, the third day of October, in the year of our Lord, one thousand feven hundred and eighty-nine.

(signed) G. Washington

From Early America

I would include a Thanksgiving Proclamation from our third President, but Thomas Jefferson refused to deliver one.

Omniveillance – The Shame of Opting Out

November 24th, 2010

Scott Peppet has an interesting post at Concurring Opinions about the shame of opting out of Google Street View. It seems that Germans are egging the houses of inhabitants who opted out of Google Street View! Scott writes:

Various news outlets are reporting that Google “fans” in Germany have been egging the roughly 3% of houses whose inhabitants have chosen to opt out of Google’s Street View mapping feature.

Why?

Apparently the vandals left notes saying “Google is cool.”  So maybe this is just a “how dare you question anything Google?” protest.

Egging is just a more crude version; in this example, it’s not that those who opted out are the “worst” members of a given pool (as in true unraveling scenarios) and are therefore discriminated against, but simply that others are pushing back against the right to opt out itself because it impedes unfettered access to all the information they want.

What’s next? If you won’t stream real-time data about your health (do you have the flu? other communicable diseases?) into your vicinity to warn others to walk on the other side of the street, will people heckle you? If you won’t display your criminal record prominently in digital form so that others can “see” (using their digital devices) whether you’re a sex offender or felon of some sort, will they assume you’re a criminal (unraveling) or harrass you for your “privacy” (like the German eggers)?

I wrote about the blurring of faces in Omniveillance, and noted that this is not a complete solution. Now, even those who choose to opt-out are still scorned and ridiculed.