Justice Gorsuch?

No, this is not the name of some fictional judge from the Star Wars expanded universe. Instead, it is one of the candidates on President Trump’s short list of potential nominees for the U.S. Supreme Court. In particular, our colleagues Dan Katz, Mike Bommarito, and Josh Blackman recently launched a quasi-prediction market called “FantasyJustice.” Their site allows one to vote on who Trump will appoint to the Supreme Court. (We describe this site as a “quasi-prediction market” because, ideally, voters should be allowed to place bets to back up their votes, but unfortunately, federal law prohibits most forms of Internet gambling.) So, who is the front runner? Professor Blackman reports (edited by us for clarity): “Since we launched the FantasyJustice marketplace in November [2016], one judge has been consistently perched in first place: Judge Neil Gorsuch. Even though the conventional wisdom of the Federalist Society [a libertarian organization] … centered around judges Bill Pryor and Diane Sykes, Gorsuch continues to rise above all others. Why? We will write about the details in the future, but at a minimum, those selecting the Colorado-based judge had some insights that others did not. This [prediction may be] the function of the wisdom of the crowds.”

Update (1/31): Gorsuch it is! Now that we know who the nominee is, what is the probability that the Senate will confirm Trump’s man by the end of March?

Update #2 (2/1): Based on this actuarial table (via Josh Blackman), and the fact that federal judges have lifetime tenure, Judge Gorsuch (if confirmed) can be expected to serve on the Supreme Court bench for 22 years. Given that Mr Gorsuch is only a year older than me, this little exercise leads me to consider my own mortality and how little time we all have …

Image Credit: Josh Blackman

Posted in Uncategorized | Leave a comment

Class No. 3 (Due Process and the Burden of Proof)

In our previous class, we discussed the law and ethics of Facemash, a short-lived website Mark Zuckerberg created in the fall of ’03—a few months before he launched the beta version of Facebook. This week, we will re-enact Zuckerberg’s “Ad Board” hearing and consider what defenses he could’ve asserted on his own behalf. In addition, we will also focus on the procedural side of law, in particular, due process and the burden of proof. That is, when someone is accused of wrongdoing like hacking or theft, who has the burden of proof and what process is owed to the accused?

Image result for ad board harvard

Image Credit: The Harvard Crimson

Posted in Academia, Ethics, Law | 2 Comments

Featured Syllabus: Calling Bullshit in the Age of Big Data

This course is being taught by professors Carl T. Bergstrom and Jevin West. Here is a link to their syllabus, which itself has links to all the assigned readings. (Props to Jason Kottke for the pointer.)

Update (1/26): Here is another promising syllabus–an upper-level seminar in psychology taught by Sanjay Srivastava. His course is titled “Everything is fucked.” (Hat tip: Brian Leiter.)

Related image

Posted in Academia, Bayesian Reasoning | 1 Comment

The Ethics of Facebook Live

What legal or ethical obligations, if any, do social media companies like Facebook owe to the public at large? Last year, for example, at least 57 violent or illegal acts—including shootings, burglaries, and beatings—were transmitted via live-video platforms like Facebook Live. According to Mary Anne Franks, a law professor at the University of Miami, Facebook and other technology companies have an ethical obligation to consider the potential harm their services and products might pose: “We need to have a conversation about what the role is of technologies like live-streaming. How much are [services] like Facebook Live encouraging people to commit these acts?” (See this recent report by Arian Campo-Flores in the Wall Street Journal.) But what about the benefits of Facebook Live? Professor Frank’s facile analysis neglects a fundamental problem: what theory of ethics should a firm like Facebook use when defining its duties to its users? Humean consequentialism or Kantian universal duties? After all, services like Facebook Live can also be used to publicize the daily abuse of power by police against minorities, as in the video below.

Posted in Bayesian Reasoning, Ethics, Law, Web/Tech | Leave a comment

Too big to fail?

US Govt Org Chart

Hat tip: Kottke

Posted in Bayesian Reasoning, Economics, Law | 7 Comments

Why is guac extra at Chipotle?

At some restaurants (like Qdoba), a side of guacamole is included in the price of your burrito, while at other places (Chipotle), the guac is extra. Not surprisingly, the cost of a burrito is about $1 more at Qdoba than at Chipotle, but at the same time, a side of guac at Chipotle costs $1.80. (Check out this Quora on Chipotle’s arguably abusive guacamole pricing policy.) So, from a business or economic perspective, which pricing policy is the optimal one? 

Bonus questions: Why doesn’t Chipotle charge extra for other sides like salsa or sour cream? Also, how “elastic” is the demand for guacamole, and why might the price elasticity of guac explain Chipotle’s pricing policy?

Update (1/28): Our friend and colleague Jonathan Kariv responds as follows: “My first thought (which could well be obviously wrong to people who’ve thought harder about this than I have) is that maybe it’s beneficial to both Chipotle and Qdoba to have different pricing models. Perhaps if they do the same thing, then they’re competing more directly, but if they do different things, then they both get to dominate a different section of the market. This might be extendable to the bonus question of other add ons. Maybe they’re just adapting to the other guys strategy.”

Hat tip: Sydjia Guerra

Posted in Uncategorized | 2 Comments

Real life prisoner’s dilemma (game show edition)

Notice how both contestants solemnly promise to each other not to steal. Notice too how they provide compelling reasons in support of their promises. (Hat tip: Mike Munger.)

Posted in Uncategorized | Leave a comment

Visualizing the syllabus

Why are most college syllabi such drab and dreary affairs? By contrast, Chia-Hua Lin, a PhD student in philosophy at the University of South Carolina, has created a beautiful visual syllabus (see below) for her applied ethics course on “Genetic Engineering and Future Society.” Hat tip: Justin Weinberg, via dailynous.com.

Posted in Academia, Philosophy | 3 Comments

Class No. 2 (Sources of Law)

In our first business law class this semester (BUL3130), we introduced our students to the movie “The Social Network” (see preview below) and to the real-life protoganists in our semester-long case study on the origins and growth of Facebook: hacker Mark Zuckerberg and his best friend Eduardo Saverin, their business and social rivals the Winklevoss twins, entrepreneur Sean Parker, and angel investor Peter Thiel. In class #2, we will examine whether Zuckerberg broke any laws or breached any legal duties when he built a website known as Facemash.

Posted in Uncategorized | 1 Comment

What are the most important unsolved problems in law?

Hola! This intriguing post by our blogging colleague and philosophical friend Tyler Cowen (asking about unsolved problems in economics) got us thinking about unsolved problems in the domain of law. But does it make any sense to talk about soluble problems in law, or are disputes about legal norms ultimately normative and thus intractable, like the perennial questions in political philosophy or in aesthetics?

Update (1/18): Economist Arnold King responds to Prof Cowen’s query–and indirectly to our question above as well–this way (emphasis added): “I do not think that problems get ‘solved’ in economics the way that they do in physics. We come up with interpretive frameworks, the way that historians do. Some of our frameworks, like supply and demand in microeconomics, seem pretty robust. Others are flimsier and faddish.”

!Feliz cumpleaños, mama’!

Posted in Academia, Economics, Law, Philosophy | 4 Comments