Foie gras is a fancy food delicacy, and until a few days ago, it was also an outlaw product in the State of California. A federal judge in Los Angeles–our childhood hometown, by the way–recently issued a judicial order enjoining (i.e. prohibiting) California public officials from enforcing a law criminalizing the sale of foie gras in the Golden State. In summary, since the sale of foie gras is legal under various federal laws, the judge ruled that local laws prohibiting the sale of foie gras are “pre-empted” (i.e. displaced) by such federal laws. But was this the “right” result as a matter of law, or an unauthorized assertion of federal judicial power? Specifically, what is the source of a federal judge’s power to veto a State law? Continue reading
Judge Hercules or Judge Bayes?
Here is the abstract of one of our thought experiments, which we have been working on over the holidays:
This paper explores two possible connections between hard cases in law and Newcomb’s Paradox in philosophy. One is that Newcomb’s Problem is like a “hard case” in law–i.e. a choice problem with conflicting and equally logical solutions. The other is that the “superior Being” in Newcomb’s Problem and the mythical Judge Hercules in Ronald Dworkin’s theory of law are the same person. In particular, we claim that Judge Hercules, who we would rechristen Judge Bayes, has the near-perfect ability to predict the outcome of hard cases …
Our paper is about 3000 words. Fear not. We will make a complete draft of our paper–tentatively titled “Hard Cases, Newcomb’s Problem, and the Prediction Theory of Law”–available soon via SSRN. Addendum (1/13): Here is a link to our working paper.
Publish or perish …
According to our friend Walter Olson at overlawyered.com: “CNN, NYT, AP, NBC, ABC, the BBC, Guardian, Telegraph, and the CBC, will *not* be running Charlie-Hebdo cartoons, though a number of American publications did so, including Daily Beast, Vox, and Bloomberg. No UK paper on Thursday morning runs the cartoons on its cover — though the Berliner-Zeitung in Germany publishes a full spread of them.” Is there a pattern here? New media versus old? Continue reading
Hitler’s judges and the war on drugs
We finally saw the film Judgment at Nuremberg for the first time last night at the annual meeting of the American Association of Law Schools (AALS) in Washington DC. This film depicts the trial of four Nazi judges accused of committing crimes against humanity. These German judges, who were tried by an ad hoc American military tribunal, had used their judicial authority to enforce evil Nazi laws … which brings me to the so-called “war on drugs.” Continue reading
How many time zones are in our galaxy?
“Oh, man.” (Props to kottke for the pointer.)
Should you take this bet?
Imagine you and 99 other people are randomly assigned a number between 1 and 100. Imagine too that there is a room containing 100 boxes, that each box has also been randomly assigned a number between 1 and 100, and that these numbers are hidden inside each box. Everyone is allowed to check up to 50 boxes to see if one can find one’s assigned number. If all 100 persons correctly find their respective boxes, each person gets $101. If at least one person is unable to find his or her assigned box, then everyone gets nothing. How much should you pay to play this game? The solution is here:
Hat tip to the amazing Ada Swanson for the pointer.
“Google’s Philosopher”
That is the title of this intriguing essay by Robert Herritt in the Pacific Standard — our favorite e-mag, by the way — summarizing the “philosophy of information” as well as the original work of Luciano Floridi, an Oxford philosopher who is inventing “entirely new ways of thinking about technology, privacy, the law, ethics, and, indeed, the nature of personhood itself.” Here is an excerpt from Robert Herritt’s Dec. 30th essay (edited by us for clarity):
Floridi is a professor of philosophy and the ethics of information … Driven by the idea that … “philosophy should talk seamlessly to its time,” he has set about developing a new approach to his discipline that he calls the philosophy of information. Floridi has described PI, as it is known, as his attempt to provide “a satisfactory way of dealing with the new ethical challenges posed by information and communication technologies” … Although difficult to summarize, Floridi’s program comes down to this: For anyone who wants to address the problems raised by digital technologies, the best way to understand the world is to look at everything that exists—a country, a corporation, a billboard—as constituted fundamentally by information. By viewing reality in these terms, Floridi believes, one can simultaneously shed light on age-old debates and provide useful answers to contemporary problems.
But is the philosophy of information useful in the real world? Herritt’s essay also describes Google’s recent efforts to comply with a “perplexing ruling” in May 2014 made by the European Union’s Court of Justice in which the court declared that, in accordance with the European “right to be forgotten,” individuals within the E.U. have the right to prohibit Google and other Internet search firms from linking to personal information that is “inaccurate, inadequate, irrelevant, or excessive.” Yet, as Herritt explains in his excellent essay, one of the reasons this legal ruling is so perplexing is that information companies like Google must now figure out how to comply with it. What does the “right to be forgotten” really mean? Continue reading




