Monthly Archives: September 2003

We Have Great Students

It was only a matter of time. Although U.Miami law school does not, as of yet, provide hosting for student bloggers, we have our first student blogger. (At least, the first I know of.) What a joy to find, via the referrer function, schteino.com.

I suppose some professors might find the idea of students commenting about them online to be a little threatening. I'm of the other view: I'm always curious to know what it looks like from the other side of the desk, and while I much prefer bouquets to brickbats, if the only choice is being criticized behind my back or to my face, I'll take it straight on please (as long as it doesn't seem likely to become physical anyway).

None of this is to suggest that Mr. Schteino is complaining or even being particularly personal about anyone. It's early days, as Mr. Schteino is a 1L, but so far—and despite his claim to be a “Cynical 1L Hoping and Dreaming”—he seems like a fairly happy camper.

Posted in U.Miami | 2 Comments

Gotta Love South Florida

The Miami Herald reports that in Miami-Dade it is illegal to own a “dyed or artificially colored rabbit or other animal, baby chicken, duckling or other fowl.” It also tells us that the South Florida building code includes a “structural specifications for rubber contraceptives” that someone “slipped in as a joke” just after the “Methods for deep, quasi-static, cone and friction-cone penetration test of soil.'' The mind boggles.

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Virtual Worlds Talk Moves at Warp Speed

Lots happening on the Virtual Worlds front. Our paper on Virtutal Worlds, Real Rules has generated some interesting comments. Over at Crooked Timber, Henry Farrell suggests in More Broadswords, Less Crime? that the experiment we propose has already been run once, with an ugly result:

My tuppence worth: one theory has already been ‘tested’ in this way; the argument that easing restrictions on weapons and their use will lead to a drop in violent crime. If you grant the assumption that MMORPGs are analogous to everyday life (a whopping assumption to be granting, I’ll admit), then the evidence is unequivocal. A society where each can use weapons against each without restriction is likely to deteriorate into Hobbesian anarchy. People will positively beg for a Leviathan to come in and put an end to the Warre of All against All.

I think this is intuitively plausible (although very sensitive to the counter-argument that people choose to play violent games precisely to do things they would never do in real life—an argument of unreality that might not damn experiements based on more realistic representations of ordinary life), although I have to admit that a lot of work is done by the word “and” in the phrase “easing restrictions on weapons and their use”.

Over at Yale's Law Meme James Grimmelmann offers a fascinating account of the popular tax revolt in the game Second Life . I was particularly intrigued by this story because some of the most thoughtful commentators on our Virtual Worlds paper have asked whether this online environment is one that could be used to empower participants instead of using them as glorified lab rats. Is there some way the participants could be empowered to self-organized, create new governance structures, meet to plan new modes of production, or collaborate in ways? These are all tantalizing thoughts, but my cautious reaction has been that that's for version 2.0—we need to start with slightly less grand ambitions. Reading the Second Life saga makes me wonder whether I'm being too tame.

And, at TerraNova , Greg Lastowka suggests in The Author as Autarch that there is an even greater obstacle to using Virtual Worlds to experiment with Intellectual Property (IP) rules than the one we contemplated:

…a bigger problem with using virtual worlds as testbeds for experimental intellectual property rules is that virtual worlds are intellectual property. Putting aside trademarks, patents, and other relevant forms of intellectual property, software is protected by copyright. The copyright is not just limited to a game's source code and object code, but also extends (to an unclear extent) to other salient aspects of the program.

Here, I think I disagree. While it's certainly right that there are some IP obstacles to using existing games as research tools, if one is setting up a set of parallel games to serve as testbeds for legal rules then rather than be subject to IP constraints one is actually aided by them. Our suggestion is not that experimenters should colonize existing versions of Ultima Online or something and run trials on them. The idea is to purchase the rights to an existing game engine, customize it, and then run parallel versions of the game, or perhaps to license some shards/facets of a game and customize them. Any serious attempt to use Virtual Worlds to test legal rules will require careful design, and a control group. The IP issues will get sorted as part of the design process.

Meanwhile, New York Law School's Institute for Information Law and Policy & Yale Law School's Information Society Project are planning a conference on “The State of Play: Law, Games and Virtual Worlds” to be held in New York city, Nov. 13-15. They've now posted their tantalizing conference program .

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Marshmallow Farming in Delaware

From time to time I plan to post mini-reviews of blogs I like. I like a number of the ones you see linked to all over the place, but there are also some less well-known, quirky and human ones that appeal to me. One of these, although far from obscure, is called Sneaking Suspicions. I like it for several reasons. The author is a practicing administrative lawyer who lives in a small town, Rehoboth Delaware. I teach federal administrative law, and it's fun to see someone talking in a level-headed way about applying the stuff I teach to practical contexts. That he does state admin law makes little difference to the fundamental principles. Plus, Rehoboth was where we went to the beach when I was a kid. I didn't (and don't) particularly love going to the beach—in some ways Miami is wasted on me—but I it's fun to have a tie to the place being talked about. Perhaps what I like best, though, is the reasonableness of it all; Fritz Schranck, the author, reads the advance sheets (recent court decisions), and makes wry and sensible comments on the foibles of the often somewhat unreasonable litigants.

And then, there's the occasional off-the-wall item. As Washingtonians, our taste of Delaware was limited to the coast. Who knew what delights were hidden inland? For example, my kids were very impressed when I showed them the picture of the Marshmallow Farm. [Update: Link via Wayback Machine.]

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I Thought the Military Was Supposed to Deceive the Enemy

I thought for sure the blogosphere would jump all over this, but if so I missed it. The other day the New York Times ran an article about General Wesley Clark by Katharine Q. Seelye entitled Weighing his Run, General Was Encouraged and Praised by Clintons. Now, I'll be the first to admit that the source here is not the most reliable one. This is after all the same Katharine Seelye who so memorably and unprofessionally slanted her coverage of the last Presidential election. (Want examples to substantiate this serious charge? OK. Look here, here, and here.) Nevertheless, this was an eyebrow-raiser:

To Clark's humiliation, Clinton's Pentagon relieved him of his command. And Clinton had signed off on the plan, according to several published accounts, apparently unaware that he was being deceived by Clark's detractors.

The end came unceremoniously. It was July 1999, shortly after Clark had led the successful air war against Serbia. Clark was forced to retire early by top people at the Pentagon who, according to several accounts, tricked Clinton.

This is pretty amazing stuff: top military or civilian officials deceiving or tricking the President. Is this common knowledge? Substantiated? Did heads roll? If not, why not?

Of course, it makes a major difference if it was the civilians or the military.

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Posted in Politics: US | 3 Comments

Rose Burawoy, Political Scientist

Lately, I have been thinking a great deal about something grandmother once said.

Rose Burawoy was born in Bialystock, then a thriving metropolis with a substantial Jewish population. She told me once — exactly once, as she never mentioned it again — that she remembered ‘the Cossacks’ running through and killing people in a pogrom when she was a child. She described it as something that had happened to other people, perhaps not far away, not as an eyewitness. (And, indeed, there was a pogrom in Bialystock in 1903, more killings in the area in 1920, and a pattern of killings and other anti-Semitic incidents in the 1930s ). In the retelling at least, my grandmother seems to have been as bothered by what she saw as provincialism, and was happy to escape to the bright lights of Berlin. Her life, and marriages, would later take her to Paris, and London, where she lived when World War II began, and finally to New York, where I think she was happy to be.

This geography explains something my grandmother once said that I find myself thinking of fairly often these days. I vividly recall my grandmother — alone in the family — objecting when I first said I wanted to become a lawyer. Don’t do that, she said. Why not be a doctor? Or a businessman, or anything else that involves a portable skill. A lawyer can only work in one country, and you can’t take your skill with you if you have to leave. ‘What’s wrong with that?’ I asked, ‘I like it here.’ And my grandmother, who usually treated me like a child, and who rarely said anything terribly grave about anything, much less the war — tending to limit her political commentary to how bad it was that old people had to worry about being mugged by the hooligans on the Manhattan streets, and how /insert-conservative-politician/ was good for the Jews because he was strong on defense — gave me a knowing, wise, slightly sad, very grownup look, that said she knew I, the American grandson, was not going to understand, and said, ‘When the Nazis come to America, what will you do then?’.

I laughed, of course. The Nazis were not going to take over America. And she said, quite seriously, ‘That’s what we said in Germany. Germany was the freest most democratic country in the world before Hitler. You’ll see.’

I still don’t think the Nazis are coming. But my grandmother’s question is a galling reminder that in politics, like in the securities markets, past performance is no guarantee of future results.

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Posted in Personal, Politics: US | 9 Comments