Well said.

Theft of public services, like other kinds of theft, does have the potential to "burden" offenders with a criminal record.

Criteria for being well-positioned to advance an idea that is an affront to elite legal sensibilities:

1. "Speaker must have intellectual gravitas"
2. Speaker must have sufficient reputation for his or her ideas to be taken seriously
3. Speaker must have independence to stand by idea when he or she receives criticism

Very interesting perspective. In the specific context of changing policies at law schools, the argument is well-reasoned. The premises have been considered in the broader debate about the limitations of populism in effecting changes in culture and policies (see e.g., Curtis Yarvin's You Can Only Lose the Culture War vs Jeremy Carl's response).

Can copyright vest in an AI?

The primary objective of intellectual property law is to protect the rights of the creators of intellectual property.10 Copyright laws specifically aim to: (i) promote creativity and encourage authors, composers, artists and designers to create original works by affording them the exclusive right to exploit such work for monetary gain for a limited period; and (ii) protect the creators of the original works from unauthorised reproduction or exploitation of those works.

To my knowledge, conferring copyright in works generated by artificial intelligence has never been specifically prohibited. However, there are indications that the laws of many countries are not amenable to non-human copyright. In the United States, for example, the Copyright Office has declared that it will “register an original work of authorship, provided that the work was created by a human being.” This stance flows from case law (e.g. Feist Publications v Rural Telephone Service Company, Inc. 499 U.S. 340 (1991)) which specifies that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Similarly, in a recent Australian case (Acohs Pty Ltd v Ucorp Pty Ltd), a court declared that a work generated with the intervention of a computer could not be protected by copyright because it was not produced by a human.

With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.

!- values : integrative lawyer - design contracts for regular people, not lawyers

We need security, but they do a terrible job of providing it.

We also need to be free of a lot of things they always do: https://www.youtube.com/watch?v=rTOP-twoWj0

So maybe we need the good things police do (that all people may do) without the bad things they do, like murdering people without accountability and enforcing dumb laws (because it's easier than catching murderers).

Ercolano, P. (2021, September 20). The legality of vaccine mandates. The Hub. https://hub.jhu.edu/2021/09/20/stacey-lee-employer-vaccine-mandate/

Yates, C., & Feil, E. (2021, February 1). Will coronavirus really evolve to become less deadly? The Conversation. http://theconversation.com/will-coronavirus-really-evolve-to-become-less-deadly-153817

Covid: Dutch go into Christmas lockdown over Omicron wave. (2021, December 18). BBC News. https://www.bbc.com/news/world-europe-59713503

Prof. Gavin Yamey MD MPH. (2021, October 15). “Italy set a new bar on Friday for major Western democracies seeking to move beyond the pandemic by putting in place a sweeping law that requires the nation’s entire work force—Public and private—To have government-issued health passes.” https://t.co/pBOR37rhhq [Tweet]. @GYamey. https://twitter.com/GYamey/status/1448959207093452801

...

https://twitter.com/zeynep/status/1478766408691556353

a building block approach?

Gall's law

Beatrice Webb studied the effects of the British "principles of 1834" and how they were carried out (differently) from area to area to see the overall effects through 1907. The result of her study apparently showed what a poor policy it had been to the point that no one mentioned the old "principles of 1834" again.

How might this sort of sociological study be carried out on the effects of laws within the United States now in terms of economics and equality for various movements like redlining, abortion, etc.? Is anyone doing this sort of work?

There is an example of the Eviction Lab at Princeton has some of this sort of data and analysis. https://evictionlab.org/map

https://www.zylstra.org/blog/2019/03/90-of-everything-is-crap-a-source-of-imposter-syndrome/

The cumulative effect of one's perception of Sturgeon's law may be a driving force underlying imposter syndrome.

While one see's the entirety of their own creation process and realizes that only a small fraction of it is truly useful, it's much harder seeing only the finished product of others. The impression one is left with by availability heuristic is that there are thousands of geniuses in the world with excellent, refined products or ideas while one's own contribution is miniscule in comparison.

Contrast this with Matt Ridley's broad perspective in The Rational Optimist which shows the power of cumulative breeding and evolution of ideas. One person can make their own stone hand axe, but no one person can make their own toaster oven or computer mouse alone.

Link to: - lone genius myth (eg. Einstein's special relativity did not spring fully formed from the head of Zeus, there was a long train of work and thought which we don't see the context of)

Howey Test for determining if something is a security

"Invest his money in a common enterprise "and is led to expect profits solely from the efforts "of the promoter or a third party."

Often you may need to dig below the surface of something to find it's real value.

This is related to quotes about being able to find something interesting, redeeming, valuable about bad books as well as being able to learn from the fool.

I've also heard a version of this that relates to only 1% of what's in the Library of Congress being widely known or read.

Related to: - Pareto principle - iceberg principle

The court file number is used to identify a document and goes back to the file regulations (AktO) of November 28, 1934 and its predecessors.

The German "file number" (aktenzeichen) is a unique identification of a file, commonly used in their court system and predecessors as well as file numbers in public administration since at least 1934.

Niklas Luhmann studied law at the University of Freiburg from 1946 to 1949, when he obtained a law degree, before beginning a career in Lüneburg's public administration where he stayed in civil service until 1962. Given this fact, it's very likely that Luhmann had in-depth experience with these sorts of file numbers as location identifiers for files and documents.

We know these numbering methods in public administration date back to as early as Vienna, Austria in the 1770s.

The missing piece now is who/where did Luhmann learn his note taking and excerpting practice from? Alberto Cevolini argues that Niklas Luhmann was unaware of the prior tradition of excerpting, though note taking on index cards or slips had been commonplace in academic circles for quite some time and would have been reasonably commonplace during his student years.

Are there handbooks, guides, or manuals in the early 1900's that detail these sorts of note taking practices?

Perhaps something along the lines of Antonin Sertillanges’ book The Intellectual Life (1921) or Paul Chavigny's Organisation du travail intellectuel: recettes pratiques à l’usage des étudiants de toutes les facultés et de tous les travailleurs (in French) (Delagrave, 1918)?

Further recall that Bruno Winck has linked some of the note taking using index cards to legal studies to Roland Claude's 1961 text:

I checked Chavigny’s book on the BNF site. He insists on the use of index cards (‘fiches’), how to index them, one idea per card but not how to connect between the cards and allow navigation between them.

Mind that it’s written in 1919, in Strasbourg (my hometown) just one year after it returned to France. So between students who used this book and Luhmann in Freiburg it’s not far away. My mother taught me how to use cards for my studies back in 1977, I still have the book where she learn the method, as Law student in Strasbourg “Comment se documenter”, by Roland Claude, 1961. Page 25 describes a way to build secondary index to receive all cards relatives to a topic by their number. Still Luhmann system seems easier to maintain but very near.

<small><cite class='h-cite via'>ᔥ <span class='p-author h-card'> Scott P. Scheper </span> in Scott P. Scheper on Twitter: "The origins of the Zettelkasten's numeric-alpha card addresses seem to derive from Niklas Luhmann's early work as a legal clerk. The filing scheme used is called "Aktenzeichen" - See https://t.co/4mQklgSG5u. cc @ChrisAldrich" / Twitter (<time class='dt-published'>06/28/2022 11:29:18</time>)</cite></small>

Link to: - https://hypothes.is/a/Jlnn3IfSEey_-3uboxHsOA - https://hypothes.is/a/4jtT0FqsEeyXFzP-AuDIAA

Some draconian Indian data-retention laws are coming.

This feels like an underlying and underpinning principle of how the IndieWeb which focuses on working real world examples which are able to build up more complex systems instead of theoretical architecture astronomy which goes no where.

Reference: John Gall (1975) Systemantics: How Systems Really Work and How They Fail p. 71

Since there is no Maritime law in Liechtenstein, Nicolas Reithner, Hannes Mähr, and Mario Frick, the attorneys who wrote this book, left most of the pages blank indicating in bold in the front matter:

Please use the remaining pages of this work as a notebook.

Source

This is by far the funniest law book out there pic.twitter.com/zWYOAsMIOM

— Nicole A. Rizza (JD Era) 🏳️‍⚧️ (@NicoleARizza) May 25, 2022

html The <a rel="cite" resource="http://www.legislation.gov.uk/id/ukpga/1999/17" href="http://en.wikipedia.org/wiki/Disability_Rights_Commission_Act_1999">Disability Rights Commission Act 1999</a> replaced the National Disability Council with the Disability Rights Commission (DRC). will generate the triple

<> xhv:cite <http://www.legislation.gov.uk/id/ukpga/1999/17>

Bennett's Law: consumption of protein and fat rises with income.

Assignment provisions of a contract tend to have to do with transferring rights between different parties.

Gall's Law: Working complex systems invariably evolve from simple systems which actually worked.

It is rare to find working complex systems designed from scratch. They rarely work and are incredibly difficult to patch to make them work.

ReconfigBehSci on Twitter: ‘@STWorg @ProfColinDavis @rpancost @chrisdc77 @syrpis this is the most in depth treatment of the impact of equalities law on pandemic policy that I’ve been able to find- it would seem to underscore that there is a legal need for impact assessments that ask (some) of these questions https://t.co/auiApVC0TW’ / Twitter. (n.d.). Retrieved 22 March 2022, from https://twitter.com/SciBeh/status/1485927221449613314

A license of this type means that the licensee, or the person that is granted a license to use the service, cannot limit whom the licensor (e.g., the service provider) allows to also use the service.

Note: This is information is intended to be educational rather than informative. It is NOT intended to be, nor should it be treated as legal advice, and is not intended to provide any indication that an attorney-client relationship is being sought or being established. Before you do anything that could have an impact on your legal or equitable rights, you should always retain counsel in your jurisdiction, after carefully considering the merits and qualifications of that counsel.

Mackenzie County won’t contract businesses with ‘coercive’ COVID-19 vaccine mandates, reeve says. (n.d.). Edmontonjournal. Retrieved 28 February 2022, from https://edmontonjournal.com/news/local-news/mackenzie-county-wont-contract-businesses-with-coercive-covid-19-vaccine-mandates-reeve-says

Unlike prior (oral) efforts, Gottfried van Swieten created a writtten set of instructions for cataloging texts at the Austrian National Library. This helped to minimize coordination issues as well as time to teach and perfect the system.

Written rules, laws, and algorithms help to create self-organization. This is done by saving time and energy that would have gone into the work of directed building of a system instead. The saved work can then be directed towards something else potentially more productive or regenerative.

wparmet. (2022, January 5). Major Questions about Vaccine Mandates, the Supreme Court, and the Major Questions Doctrine. Bill of Health. http://blog.petrieflom.law.harvard.edu/2022/01/05/major-questions-vaccine-mandates-supreme-court/

familial law and culture are not in line with legal provisions

customary law does not outweigh the constitution, government over culture

not recognized but still occurs, not outlawed

Even though customary law may not enforce these practices, they persist nonetheless

patriarchal stereotypes of men and women throughout Namibia, but they vary from each individual culture in specifics

male authority trumps parental/age authority of a woman

equal consideration of men and women under their constitution, sets culture up to modify towards gender equality

https://www.nytimes.com/2022/01/28/opinion/equal-rights-amendment-ratification.html

We measure what we find important.

Measures can and often become self-fulfilling targets. (read: Rankings and Reactivity by W. Espeland and M. Sauder https://www.stmarys-ca.edu/sites/default/files/attachments/files/rankings-and-reactivity-2007.pdf)

When a measure becomes a target it ceases to be a good measure.

So why measure?

Is observation and measurement part of a larger complex process which isn't finished until the process itself is finished?

This seems related to the measurement problem in quantum mechanics, Schrödinger's cat, the Heisenberg uncertainty principle, and the observer effect).

Goodhart's Law is an adage often stated as "When a measure becomes a target, it ceases to be a good measure". It is named after British economist Charles Goodhart, who advanced the idea in a 1975 article on monetary policy in the United Kingdom:

Any observed statistical regularity will tend to collapse once pressure is placed upon it for control purposes.

Nath, V., & Lockwood, G. (2021). Implications of the UK Equality Law for tele-homeworking: COVID-19 and beyond. International Journal of Law and Management, ahead-of-print(ahead-of-print). https://doi.org/10.1108/IJLMA-07-2021-0183

sola memoria et usu retinebant.

Opinion | The Supreme Court must uphold Biden’s vaccine mandates—And fast. (n.d.). Washington Post. Retrieved 3 January 2022, from https://www.washingtonpost.com/opinions/2021/12/29/supreme-court-must-uphold-biden-vaccine-mandates/

Modern digital zettelkasten don't force the same sort of digital internal branching process that is described by Niklas Luhmann. Internal branching in these contexts is wholly reliant on the user to create it.

Many digital systems will create a concrete identifier to fix the idea within the system, but this runs the risk of ending up with a useless scrap heap.

Some modern systems provide the ability for one to add taxonomies like subject headings in a commonplace book tradition, which adds some level of linking. But if we take the fact that well interlinked cards are the most valuable in such a system then creating several links upfront may be a bit more work, but it provides more value in the long run.

Upfront links also don't require quite as much work at the card's initial creation as the creator already has the broader context of the idea. Creating links at a future date requires the reloading into their working memory of the card's idea and broader context.

Of course there may also be side benefits (including to memory) brought by the spaced repetition of the card's ideas as well as potential new contexts gained in the interim which may help add previously unconsidered links.

It can certainly be possible that at some level of linking, there is a law of diminishing returns the decreases the value of a card and its idea.

One of the benefits of physical card systems like Luhmann's is that the user is forced to add the card somewhere, thus making the first link of the idea into the system. Luhmann's system in particular creates a parent/sibling relation to other cards or starts a brand new branch.

Η επιλογή των ενόρκων πρεπει να ειναι τυχαία ή σταθμισμένη (όπως γινόταν με τις "φυλές" της αρχαίας Αθήνας)? Κι ας έχουμε εδώ κ την ανάποδη ένδειξη, όπου 10 λευκοί + 1 μαύρος ένορκοι καταδίκασαν 3 λευκούς φονιάδες.

Μα τι συντηρητικά που ειναι τα μικρά ονόματα των γυναικών δικαστικών? Ευτέρπη, Ουρανία, Αριστέα...λες κι ειμαστε σε ταινία του [[Σακελλάριος]], το '50! Μηπως το "επαγγελμα του Δικαστή" πάει σόι στην Ελλάδα? Μηπως πρεπει να σπασει το άβατο με ενορκους?

Το προβλημα στον εκφασισμό της ελληνικής Δικαιοσύνης ειναι ο θεσμός των εισσαγγελέων - πρεπει να αντικατασταθεί απο συμβούλια πολιτών, με συμμετοχή νομικών. Και οι πρόεδροι δεν πανε πισω βεβαια...

(web archive link)

https://www.nytimes.com/2021/11/23/travel/john-jay-paris-abigail-slavery.html

A wonderfully written short essay about the scant history of an African American slave owned by John Jay and her time in Paris.

Biden says “long Covid” could qualify as a disability under federal law. (n.d.). NBC News. Retrieved November 5, 2021, from https://www.nbcnews.com/politics/white-house/biden-says-long-covid-could-qualify-disability-under-federal-law-n1275044

Ο αγωνας ειναι ανισος, αλλα κ ασσυμετρος - όσο δεν ητταται το αντιφασιστικό από τη συντονισμενη επιθεση φασιτών-αστυνομίας-εισσαγελέων, κερδιζει.

Αναπαντεχα ταξική τοποθετηση κορυφαίου δικαστικού της χώρας μας.

"Punishment and Social Structure" , a book written by Georg Rusche and Otto Kirchheimer, is the seminal Marxian analysis of punishment as a social institution (from wikipedia).

Ξεκαθαρη τοποθέτηση του πρόδερου δικαστών Σεβαστίδη για το ιδεολογικό πρόσημο του [[δόγμα μηδενικής ανοχής]].

Michigan seat belt law turns 30 after bitter battle. (n.d.). Detroit Free Press. Retrieved 4 October 2021, from https://www.freep.com/story/money/cars/2015/07/30/michigan-seatbelt-law-anniversary-air-bags-takata/30242557/

Miscellaneous Statute Law Amendment Act, 2014, SC 2015, c 3, https://canlii.ca/t/52m35, s. 110, amends IRPA s. 63(2) and (3) to read:

Right to appeal — visa and removal order

(2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.

Right to appeal removal order

(3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) or made at an admissibility hearing.

Previously they had read:

Right to appeal — visa and removal order

(2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.

Right to appeal — removal order

(3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.

Miscellaneous Statute Law Amendment Act, 2014, SC 2015, c 3, https://canlii.ca/t/52m35, s. 109(E) amends the English version of IRPA s. 37(1)(b) to read:

(b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or laundering of money or other proceeds of crime.

Previously it had read:

(b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or money laundering.

Miscellaneous Statute Law Amendment Act, 2014, SC 2015, c 3, https://canlii.ca/t/52m35, s. 108(E) amends the English version of IRPA s. 16(3) to read:

Evidence relating to identity (3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained, subject to an examination or subject to a removal order, any evidence — photographic, fingerprint or otherwise — that may be used to establish their identity or compliance with this Act.

Previously it had read:

Evidence relating to identity (3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained or subject to a removal order, any evidence — photographic, fingerprint or otherwise — that may be used to establish their identity or compliance with this Act.

The Attack on "Critical Race Theory": What's Going on?

https://www.youtube.com/watch?v=P35YrabkpGk

Lately, a lot of people have been very upset about “critical race theory.” Back in September 2020, the former president directed federal agencies to cut funding for training programs that refer to “white privilege” or “critical race theory, declaring such programs “un-American propaganda” and “a sickness that cannot be allowed to continue.” In the last few months, at least eight states have passed legislation banning the teaching of CRT in schools and some 20 more have similar bills in the pipeline or plans to introduce them. What’s going on?

Join us for a conversation that situates the current battle about “critical race theory” in the context of a much longer war over the relationship between our racial present and racial past, and the role of culture, institutions, laws, policies and “systems” in shaping both. As members of families and communities, as adults in the lives of the children who will have to live with the consequences of these struggles, how do we understand what's at stake and how we can usefully weigh in?

Hosts: Melissa Giraud & Andrew Grant-Thomas

Guests: Shee Covarrubias, Kerry-Ann Escayg,

Some core ideas of critical race theory:

• racial realism
  • racism is normal
• interest convergence
  • racial equity only occurs when white self interest is being considered (Brown v. Board of Education as an example to portray US in a better light with respect to the Cold War)
• Whiteness as property
  • Cheryl Harris' work
  • White people have privilege in the law
  • myth of meritocracy
• Intersectionality

People would rather be spoon fed rather than do the work themselves. Sadly this is being encouraged in the media.

Short summary of CRT: How laws have been written to institutionalize racism.

Culturally Responsive Teaching (also has the initials CRT).

KAE tries to use an anti-racist critical pedagogy in her teaching.

SC: Story about a book Something Happened in Our Town (book).

• Law enforcement got upset and the school district
• Response video of threat, intimidation, emotional blackmail by local sheriff's department.
• Intent versus impact - the superintendent may not have had a bad intent when providing an apology, but the impact was painful

It's not really a battle about or against CRT, it's an attempt to further whitewash American history. (synopsis of SC)

What are you afraid of?

William Ross Ashby (1903-1972) was a British pioneer in the fields of cybernetics and systems theory. He is best known for proposing the law of requisite variety, the principle of self-organization, intelligence amplification, the good regulator theorem, building the automatically stabilizing Homeostat, and his books Design for a Brain (1952) and An Introduction to Cybernetics (1956).

See Goodhart's Law and some background on why these kinds of measurements are difficult.