What common law rule or general legal principle would you retire?

Res ipsa loquitur? The rule against perpetuities? Sovereign immunity?

Also, what criteria or decision rule would you use in determining which legal rule or principle is ready for retirement?

FYI, these questions are inspired by this year’s Annual Question at the “online salon” edge.org–What scientific idea is ready for retirement?  Previous annual questions include “What have you changed your mind about?” and “How is the Internet changing the way you think?”  The “retirement question”, however, is an especially contentious and provocative one. As one commentator wrote in last week’s Science Times:

The true currency of science, after all, is not faith or even truth, but doubt. It’s hard to imagine a similar effort coming out of the College of Cardinals or the Politburo of the Chinese Communist Party. In science, as in democracy, everything has to be up for grabs. When the scientists and other intellectuals stop squabbling, then we will know we are in trouble.

Science

Hat tips to Dennis Overbye for the pointer and xkcd for the cartoon.

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Small Sample Size?

Are babies capable of engaging in deception? This study on “fake crying” in babies addresses a fascinating research question–the strategic use of deception by babies to get attention. From the abstract:

Two infants were observed longitudinally. In total, 102 crying episodes were analyzed. The infants displayed negative affect almost always just before starting to cry and soon after crying terminated. However, there were exceptions. Positive affect was observed. These were crying behaviors that the mother identified as “fake crying” or “emergence of fake crying”. These data indicate that, although normally infant affect just before and right after crying is negative, infants also can exhibit positive affect when they show fake crying. Infants who are capable of fake crying might communicate successfully with their caregivers.

So babies are smarter and more devious than they appear. We just wish the sample size were larger than n = 2. Also, as a related question, do babies ever engage in “fake smiling”?

Image

Hat tips to digg.com, BPS Research Digest, and baby Adys Ann.

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Every airline flight around the world during a single 24-hour day

Original video source here. Data source: AirTraffic LIVE. (Zurcher Hochschule school of Engineering)

Hat tips: Max Fisher; AirTraffic LIVE (Zurcher Hochschule school of Engineering).

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Map of Manhattan Island

New York City, the city that never sleeps, is one of the greatest cities in the world, especially the Island of Manhattan, but what is your favorite neighborhood in the City? (According to the map below, there are over 40 separate neighborhoods in Manhattan alone.) Also, what criteria would you use in deciding what your favorite area of the City is?

Hat tips: Frank Jacobs.

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Sunday puzzle

Your mission, should you choose to accept it, is to find the shortest possible route connecting the three corners or vertices of an equilateral triangle, as shown in the illustration below:

Hint: in searching for the shortest possible route connecting all three points of the triangle, your route may also need to run through or connect to one or more extra points within the boundary of the triangle. So, now, ask yourself a different question: how many extra points would you add to this triangle and where would you place them?

Postscript for my law students: although the geometrical problem above has a correct solution, can we really say the same about problems in law? In short, why is it that some legal problems, especially hard cases, do not necessarily have a “correct” solution? Consider one of the short essay questions on my Torts final: what’s wrong with Judge Cardozo’s opinion in the Palsgraf case? One possible answer is that Cardozo’s “zone of danger” test is too indefinite and indeterminate. That is, how can we say (with any level of certainty) whether Ms. Palsgraf was really in the zone of danger or not when the scale fell on her head; after all, wasn’t she standing on the platform of the train station when the explosion occurred? The larger and more important question, however, is this: how should we approach such hard problems in law?  What should we do when we are confronted with a difficult legal problem, i.e. one with no right answer or correct solution?

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No Internet Week

That is the title of this provocative film project. So, my fellow web friends, could you survive a week with no internet? (Or, while we’re at it, with no cable TV?) Consider the upside:

The first thing that struck me after a day of abstention wasn’t so much what I lost, but what I gained. Time. So much time. Not taking my phone into the bedroom with me was giving me at least two hours extra a day. The second thing that became apparent was how much “dead time” I spent looking at my phone for stimulation. And how “dead time” had become “all the time”. Pretty much anywhere and everywhere. In bed, at both ends of the day, in cabs, on toilets, during meetings, during meals, whilst watching TV. Suddenly, without the internet, all those things became what they used to be. Things in their own right rather than providing background to me using my phone.

From James Brown, editor of the fun website Sabotage Times.

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Self-explanatory?

This is a “GDP map” of the US in which each State is renamed for a country with a similar level of economic output or GDP (Gross Domestic Product). Although GDP is an imperfect and crude measure of economic prosperity, this unorthodox map paints a dramatic picture, showing how wealthy the US is relative to the rest of the world. You can read more about this strange map at Strange Maps and also at The Big Picture.

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Nothing to blog on today …

 

 

 

 

 

 

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Gran Colombia

The great liberator Simon Bolivar once proposed the creation of the Republic of “Gran Colombia” (see map below), a south-of-the-border constitutional democracy or United States of South America consisting of the modern-day countries of Venezuela, Colombia, Panama, and Ecuador (the same regions which Bolivar’s brave men had liberated from Spanish colonial rule). Alas, Bolivar’s bold project ended in failure. Imagine, however, how much different the world would be today if Bolivar’s beautiful and quixotic idea had succeeded. Would these states have become more prosperous and politically stable had their fleeting federation lasted? Would the other states of Spanish South America have eventually joined this federal republic ? Would Bolivar’s Republic of Gran Colombia, had it lasted, now rival and perhaps outshine the United States in influence and prestige?

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Happy Three Kings Day

By the way, why is Three Kings Day, or Epiphany, not really celebrated in the Anglo-American world?

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