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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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So how should the three Jews in Somaoa celebrate Shabbat now that the island nation jumped to the other side of the international date line?

January 5th, 2012

Celebrate it for 49 hours, of course!

 Apparently there is only one permanent Jewish resident in Samoa, and two Jewish Peace Corps volunteers.  Nevertheless, a Baltimore rabbi, Dovid Herber, who is an expert on Jewish law and astronomy, has written a two-pagehalachic (Jewish legal) opinion on the issue. He concludes that it has always been questionable when to observe the Sabbath on Samoa, so Jews should keep the Sabbath for 49 hours to make sure they have the correct day.

“Second, scholars are uniquely disinterested, in that they have no financial or personal stake in most litigation. They are not submitting the brief on behalf of a paying client, or to promote the agenda of a particular organization, or to satisfy a professional obligation.”

January 5th, 2012

Amandra Frost writes a reply to Dick Fallon’s critique of scholars’ briefs.

The job of law professor does not require writing or signing onto such briefs, and many never do so.25 Thus, law professors have no reason to author or join such briefs unless they sincerely support the result advocated for in the brief, and think a reasonable argument can be made for that result. These factors set scholars‘ briefs apart from most amicus briefs, and make them at least a shade more credible. For example, a lawyer working for an anti-death penalty group might author an amicus brief opposing the death penalty in every single case before the Supreme Court on that subject. A law professor opposed to the death penalty, however, might choose only to participate in only those cases in which he thinks capital punishment is particularly egregious.

How does “uniquely disinterested” equal “sincerely support” the cause? That would seem to be an interest. I don’t find her example of Larry Tribe’s brief in Romer v. Evans particularly persuasive:

At least a few scholars‘ briefs have provided significant assistance to the Supreme Court in resolving difficult cases for just these reasons. Perhaps the best example is Professor Laurence Tribe‘s amicus brief in Romer v. Evans.26 That brief supplied the Court with a different rationale for striking down a Colorado statute that targeted gays than was offered by the parties, and one that a majority of the Court found convincing.27 Professor Tribe has a well- deserved reputation as a pre-eminent authority on the U.S. Constitution, and he had no personal or financial stake in the case and was writing on his own behalf, and not that of a client. Thus, the Justices could rely on his brief as presenting sincere and reasonable arguments. If the brief was written by a concerned citizen, a gay-rights group, or a lawyer on behalf of a paying client, it would likely have carried less weight.

To say that Tribe is disinterested in the subject of discrimination against gays is a stretch. I think he’s quite interested. “Sincere and reasonable arguments” do not have to be disinterested.

She also provides a few other benefits of scholars’ benefits:

First, law professors have (or should have) expertise on the subject matter of the brief. Unlike the average appellate lawyer, who is a generalist and thus might write an amicus brief in an area which she knew nothing about before taking on the assignment, law professors devote their lives to teaching and writing in specific areas of the law, and oftentimes have practiced in that area as well. It is fair to say that the average law professor has a deeper understanding of the law governing an issue in an amicus brief than does the average lawyer writing such an amicus brief on behalf of a paying client. In at least some cases, courts will benefit from this expertise.24

But this goes to the expertise of the author. The entire objection against scholars’ brief is that lots and lots of professors–some may have the relevant expertise, so may not–sign on. This rationale isn’t persusive.

Frost also asserts that “In addition to serving the interests of judges, scholars‘ briefs benefit the academy.”  Also, “The authors as well as the signatories of scholars‘ briefs benefit from this exercise. Connecting theory and practice in this way should inform a law professor‘s scholarship and teaching, reminding the law professor that he is part of a professional school which must ultimately justify itself by serving the profession.” I think these two arguments undercut the broader point about academics writing as disinterested academics v. writing as advocates.

For my previous posts about Fallon, see here, here, here, and here.

Can we determine who an anonymous author is?

January 5th, 2012

These tools may do the trick!

Now graduate students at Drexel University have released two potentially provocative stylometry tools, which could have larger repercussions for whistle-blowers, human rights advocates, hackers and, well, anyone who doesn’t want their writing traced back to them down the road. One tool helps identify the author of a disputed document, and another helps authors avoid detection. The students released early, “alpha” versions of their tools on Thursday at a convention of the Chaos Computer Club, a hackers’ group, in Berlin.

The tools, which are still young, imperfect and buggy, build on existing author recognition tools like Signature, a program created by Peter Millican of Oxford University, and the Java Graphical Authorship Attribution Program, or JGAAP, a similar program designed by Patrick Juola of Duquesne University.

The researchers said their recognition tool, JStylo, works best within a limited suspect pool (50 people or less), when there are 6,500 words of available writing samples per suspect (Tweets, e-mails and instant messages will do) and if the disputed document is 500 words or longer. Within those parameters, Drexel researchers said, they can identify an author “with a very high level of accuracy.”

Microsoft Patents Direction-System that Avoids Scary Neighborhoods

January 5th, 2012

I am quite reliant on my Android Navigator, though sometimes, in its attempt to provide the shortest or quickest route, Google sends me through unsavory neighborhoods that I would otherwise avoid, even at the cost of a longer trip. MIcrosoft has patented a system that can void such dangerous detours!

The newly patented system for “pedestrian route production” takes into account conditions that specifically affect your journey on foot. In particular, the system calls out obstacles like crime-ridden neighborhoods and harsh temperatures in big exposed areas. The system would presumably be added to Microsoft’s existing walking directions feature on Bing Maps.

Let’s see if certain neighborhoods object to being deemed crime-ridden…Disparate impact may come into play, methinks.

“blogs, tweets, news stories, Facebook postings, YouTube videos, etc.” [about the Penn State sex abuse scandal] had declined 50 percent from the previous day and 90 percent over the prior four days.

January 4th, 2012

It seems that PSU keeps a close tab on social networking to determine how much people are talking about the sex abuse schedule.

“Review of Top 20 search terms on Google today shows no Penn State terms on that list for the first time in nine days,” Erickson wrote.