The Laboratorium: June 2007 Archives

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Having just completed a move from one end of New Jersey to the other, I’d like to recommend Sinclair Moving and Storage. The two back-office people and three movers I dealt with were all professional and friendly. They worked hard, fast, and smart, and handled two flight of stairs with good humor. The only headaches from the move were the ones I gave myself.

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According to the Supreme Court’s decision in Morse v. Frederick, a high school student could be disciplined for holding a banner reading “BONG HiTS 4 JESUS.” Justice Alito’s swing vote included the caveat that the holding “provides no support for any restriction of speech that can plausibly be interpreted as commenting on any political or social issue.”

Doesn’t this mean that all future banners reading “BONG HiTS 4 JESUS” are now protected speech, since they can be plausibly be interpreted as commenting on the Supreme Court’s free speech jurisprudence? Other pro-drug messages may be punished, but not this particular one.

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At any rate, [James Grimmelmann] comes of as a ridiculous d-bag in this review. The man wouldn’t know chick-lit humor if it bit him in the butt.

Having gone to law school with James Grimmelman, I’ve gotta say I wouldn’t trust much of anything he has to say, and particularly wouldn’t trust his reviews of novels. … Grimmelman is a status whore and likely uncorked this hatchet job to curry favor with 3d Circuit judges and their friends.

James Gimmelman is a massive tool. He’s an incredibly smug individual with so very little to be smug about.

(from comments at Above the Law)

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Clay Shirky:

Experts the world over have been shocked to discover that they were consulted not as a direct result of their expertise, but often as a secondary effect — the apparatus of credentialing made finding experts easier than finding amateurs, even when the amateurs knew the same things as the experts.

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Abominable. See my full review at PrawfsBlawg if you need to know more.

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Dan Markel’s act of matchmaking caught my attention because I knew the bride and the groom from entirely different walks of life. The match is obvious in hindsight; Dan’s third of a ticket to heaven could have been mine!

Zach once asked me, out of anthropological interest, how much I would pay for the best hamburger I would ever eat. To be precise, in this hypothetical, I’d give him $X up front, and he’d give me a hamburger, and that hamburger would be absolutely and perfectly guaranteed to be more satisfying than any other hamburger I would ever encounter. I think I said I’d pay for around $17 for an überburger.

On reflection, I think a better response is that one should pay money to avoid the überburger. How sad it would be, after all, to have eaten it and to know with total certainty that sorry, that’s it, it’s all downhill from here, burger-wise.

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Guy outside: Can you give me a ride?
Cab driver: No. I have a passenger already.
Guy outside: Can I get in? Open the door.
Cab driver: I have a passenger.
Me: …

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Anyone who says that law school should be more like medical school hasn’t spent much time around medical students. My colleague Cameron Stracher has a point that the quasi-apprenticeship that is the last two years of medical school does make newly-minted doctors at least minimally competent when it comes to working with actual patients. But I can report the first two years of medical school are such a Dickensian affair that they make the miseries of law school seem like a casual Sunday jaunt on the seashore with ice cream and balloons for all.

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This collection of loosely-linked stories about youngish women and their relationships features technical proficiency, a plummy Aussie narrative voice, and a enthusiasm for going with boys. Some of the stories are excellent; none are bad. “Vision in White” is my favorite: a bride decides to wear her wedding dress on an intercontinental trip to meet her in-laws, but the whole story turns out to be a shaggy-dog setup for one wonderful terrible pun. All in all, a quick read, not particularly serious, with some good jokes and a healthy message of female empowerment.

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The tone is second-rate Lemony Snicket, but dire Snicketian pessimism doesn’t work when the characters are jaunty and the story more or less happy. Everything dreadful happens offstage, or doesn’t happen at all. This children’s adventure could have been passable if taken straight-up as a tale of plucky kids solving ciphers and discovering an ancient mystery. Wrapped in the wrong narration, it’s not even mediocre.

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A bunch of us saw an Isuzu Ascender today and agreed that it’s a terrible name for a car, but for different reasons. Those who went to Catholic school were doubtful that it would rise from the grave. I was bothered that no part of the car stood significantly higher than any other part.

And by the way, it ought to be considered false advertising to claim that an SUV getting 22 miles per gallon (16 in city driving) is “fuel efficient.”

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For reasons entirely unknown by me, Interview Magazine included me in its “New Pop A-List: 50 to Watch (Age 30 or Under).” The feature isn’t online, but I’ve scanned the page I’m on and put up a close-up of the blurb on me. Do note that I teach at New York Law School, not at NYU; people make that mistake all the time. At least they spelled my name right, and the description of what I do is, for a magazine of celebrities interviewing celebrities, basically accurate. As for being “the next guru of Internet law,” I sure wish I had their confidence in my prospects.

The thing that blows my mind is the company I’m in. The other folks in the “Web/Tech” category are the YouTube guys, the founder of Gawker, and DVD Jon. To paraphrase Wayne and Garth, “I’m not worthy!” The list as a whole includes Andy Samberg, Daisuke Matsuzaka, Arcade Fire, America Ferrera, and a lot of folks who are clearly too hip for me to have had any chance of having heard of them.

We now return you to your regularly scheduled non-celebrity blogging.

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“When all is said and done, killing my mother came easily.” For Helen Knightly, the long-suffering protagonist of Alice Sebold’s second novel, things go downhill from there. Much like Sebold’s debut, The Lovely Bones, this is a sympathetic family portrait that alchemically transmutes violence into understanding. There are also some elements that amused a different, more professional part of my brain, but I can’t say much more without providing spoilers—and for a book not scheduled to be published until October, that would be rather unsporting.

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There’s an absolutely perfect New Yorker cover this week by Adrian Tomine. A group of tourists atop a Gray Line double-decker red bus are taking pictures of Radio City Music Hall, while a slightly sullen-looking teenage girl sits in the back, almost pointedly ignoring her surroundings as she reads.

The entire genius of the cover is captured in a single detail: her choice of book. Tomine draws it about half an inch high, with only a few short lines to suggest some black text on a white cover, and perhaps a small triangle of something in one corner. It would be easy enough to read it as being merely a generic “book,” but it’s not just some book. She’s reading the Little, Brown edition of Catcher in the Rye.

That single detail requires us to start our ‘reading’ of the picture almost from scratch. Radio City, of course, appears repeatedly in Catcher in the Rye: Sally and Holden go ice skating there and Holden watches a bad movie there to kill time. Most significantly, though, the three women that Holden meets in a hotel lounge, crass tourists from Seattle who are trying to spot celebrities and ultimately stick Holden with the bill, are excited about seeing a show at Radio City Music Hall. I wonder whether that’s the passage that the girl is reading as the others around gawp and take their photos.

I absolutely love art in which a tiny piece holds the key to the meaning of the whole. Surprise movie endings can be cheesy, but there’s a pleasure involved in watching a trick-ending flick the second time, paying attention to how every detail has a double meaning. The same is true, in a different fashion, for fugues and passacaglias that build an entire musical work from a single phrase. It’s rarer to see visual art successfully pull off this effect, but when it works, wow.

The absolute best part is that the drawing would have been a heavy-handed failure if it had been obvious what she was reading.

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Stories about low-drama people have the problem that low-drama people are boring. Stories about high-drama people have the problem that high-drama people are unsympathetic. The central challenge for character-driven fiction is to bridge this divide.

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I’ve added the following text to the User-Agent request-header that my browser sends each time it asks for a web page:

By responding to this HTTP request, you accept legal responsibility for any resulting harm.

Big commercial websites use take-it-or-leave-it boilerplate lawyerese to demand that we give up our basic legal rights; why not give them a dose of their own medicine and take those rights back? So far, a few websites have remarked on my unusual browser, but none of them have turned me away. I guess that means they want my business enough that they’re willing to live with my terms.

Firefox users, if you’d like to join me in this little act of turnabout as fair play, you can use the User Agent Switcher extension to change your User-Agent string or RefControl to change the Referer [sic] request-header. If you’d rather make the change manually, point your browser to about:config, right-click, select New > String, enter “general.useragent.override” for the preference name, and type in the contractual conditions you want to impose on the websites you visit.

And now a warning: As a lawyer, I don’t think this trick works, in the sense that I couldn’t convince a court to agree with me and hold the proprietor of a crudtastic website responsible for making my computer explode. The law of browsewrap isn’t just dumb, it’s actively tilted towards powerful companies with expensive lawyers But if enough of us start changing our HTTP request-headers and demanding that our online interactions take place on fair and decent terms, we have a shot at reclaiming the law. As Arlo Guthrie said, “And friends they may thinks it’s a movement.”

Thanks to Ian Ayres for the idea.

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It’s the start of June in an odd-numbered year, which, for the last few years, has meant only one thing: BookExpo is in New York. For book addicts like myself, it’s like drinking straight from the crack hose. Thousands of publishers descend on the Javits Center and set up booths where they do deals and spin the hype machines to full buzz. For a surprisingly low admission fee, you can wander around the exhibition halls, going from booth to booth and trying to score free books.

The tactics and ethics on display would fill a book. There’s a talent to book-sniffing: knowing when the publishers are keeping the good stuff (like pre-signed copies from Famous Authors) hidden in the back. There’s also a talent to book-cadging: some publishers just leave out huge stacks of advance copies, while others try to to suss out which of the attendees are most likely to help build good of mouth. (Name Withheld University Press, I’m thinking of you. It’s not like Famous Name Withheld really needs a mention here to sell his book, but still. Do you want buzz or not?) Distributing the weight of the accumulated books among your bags (convention rules forbid the use of any carrying tools with wheels) is an art in itself. And, of course, timing is a subtle affair: some big-name titles disappear immediately, while others only come out when the author shows up in person for a signing.

This year’s haul of promotional and advance copies, in no particular order:

I’m going to be busy for a while.

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I bought this book because of its spectacular promotional website. No, really. The site is truly wonderful. I figured that if Miranda July was capable of creating something so clever, her stories would probably also be equally original.

I was kind of right. This book comes with blurbs from Dave Eggers and George Saunders. Saunders is definitely right that her stories are “infused with wonder at the things of the world.” But in context, it can be a deeply troubling wonder. The book starts off with a series of stories featuring protagonists whose wonder at the things of the world leads them into unsettling behavior; they’re just too darn wonder-struck to look out for themselves or for other people. She’s exploring some literary territory—people in messed-up situations—that I don’t usually enjoy.

And so it goes, until the first longer story, “Something That Needs Nothing.” Teens run off together and move to Portland, check. Teens find, quit boring jobs, check. Teens place classified ad that “no longer sounded like blatant prostitution, and yet, to the right reader, it could have meant nothing else,” check. But that’s just the first three pages, and like a Radiohead song, the story takes flight, transforming disquieting raw materials into something odd and beautiful. The same thing happens in the other two longer stories, “Making Love in 2003” and “How to Tell Stories to Children.” With breathing room, the wonder comes to feel earned, and the characters’ complex emotional messed-up-ness more honest.

Thus: an uneven and often unsatisfying collection of short fictions, but one of enormous promise.

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1) An album of intermission noises.

2) New recordings of old performances. No, not new remasterings. New recordings.