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Confusion ascendant

Originally posted 2015-07-25 23:11:05. Republished by Blog Post Promoter

  1. Jewish tradition teaches that on Tisha B’Av (the Ninth day of the month of Av) five national calamities occurred:

  1. During the time of Moses, Jews in the desert accepted the slanderous report of the ten spies, and the decree was issued by God forbidding them from entering the Land of Israel. (1312 BCE – traditional Jewish dating)
  2. The First Temple was destroyed by the Babylonians, led by Nebuchadnezzar. 100,000 Jews were slaughtered and millions more exiled. (586 BCE)
  3. The Second Temple was destroyed by the Romans, led by Titus. Traditional sourcest teach that two million Jews died, and another one million were exiled. (70 CE)

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Likelihood of extrusion

iLrg-szyk-haggadah-four-sonsReprinting my annual Passover post, updated for modern microblogging sensibilities and adjusted for days of the week as they come out this year:

I’ve been hit by pre-Passover preparations — the First Seder is tonight — plus the need to front-load the making-a-living part to make up for the fact that I will be “out of pocket” this weekend and essentially on mission-critical-only duty for next week, too.

Here’s a nice thought on the topic, appropos for our 24/6 social media lifestyle:

The 21st century is certainly a marvelous time in which to live. Space exploration, computerization, the taming of vicious diseases are all truly amazing feats. But we also suffer more burnout, mental exhaustion, attention deficit disorders and high blood pressure than ever before. They are no doubt the effects of our own hi-tech servitude. Like it or not, we’re ruthlessly on call to someone for something all the time. And, we call it “normal.”
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Confusion ascendant

Originally posted 2015-07-25 23:11:05. Republished by Blog Post Promoter

Jewish tradition teaches that on Tisha B’Av (the Ninth day of the month of Av) — which begins tonight — five national calamities occurred:

  1. During the time of Moses, Jews in the desert accepted the slanderous report of the ten spies, and the decree was issued by God forbidding them from entering the Land of Israel. (1312 BCE — traditional Jewish dating)
  2. The First Temple was destroyed by the Babylonians, led by Nebuchadnezzar. 100,000 Jews were slaughtered and millions more exiled. (586 BCE)
  3. The Second Temple was destroyed by the Romans, led by Titus. Traditional sourcest teach that two million Jews died, and another one million were exiled. (70 CE)

Read More…

Happy Purim!

Purim mesiba, mesivta, New Jersey

Purim – the holiday that celebrates LIKELIHOOD OF CONFUSION!

Speaking of which — click here for the PTO’s response to the application for a writ of mandamus to the Federal Circuit by Simon Tam.

 

How Upworthy Won the Internet

Originally posted 2014-03-14 10:40:46. Republished by Blog Post Promoter

Upworthy has learned, as the infographic below demonstrates, how to work the levers of the Internet — building a brand out of nowhere.

Can these techniques work for existing brands — like blogs?  Presumably.

Are they right for every brand?  Of course not.  But this one is a no-brainer for everyone, I’d say:  “Just don’t be spammy.  Quality comes first.”

Yes, please!

Upworthy Internet Infographic

Brought to you by Social Marketing Software by Marketo

Revisiting the Black List

Originally posted 2014-02-27 18:10:00. Republished by Blog Post Promoter

David Bernstein writes:

[Northwestern Law Prof Martin] Redish concludes, and this Reviewer agrees, it was entirely appropriate — under the First Amendment, and also morally — for businesses and individuals to boycott members of the Stalinist CPUSA.

(SKIP PARAGRAPH IF YOU DON’T CARE ABOUT LAW SCHOOL POLITICS. ) Marty Redish wrote that? Very impressive for its political incorrectness. Maybe he’s hankering to follow (one of my other first-year NU Law professors — took Redish’s course on federal jurisdiction, too, which really paid off…) Dan Polsby, also recently getting attention on the Volokh blog, to George Mason Law. Interesting NU / George Mason thing going on here — what with Bernstein’s article appearing the NU Law Review…. (Ugh. I should leave this stuff to Brian Leiter.)

But really, I highly recommend the link, assuming that like everyone else you don’t read law review articles. Everything you thought about the “Red Scare,” pretty much, was wrong (unless you’re the type who reads this blog regularly, I guess). And the fact that a mainstream First Amendment authority such as Redish will write that this was an issue of moral choice, not “stifling of dissent,” is a very good development.

Likelihood of extrusion

iLrg-szyk-haggadah-four-sonsReprinting my annual Passover post, updated for modern microblogging sensibilities and adjusted for days of the week as they come out this year:

I’ve been hit by pre-Passover preparations — the First Seder is tonight — plus the need to front-load the making-a-living part to make up for the fact that I will be “out of pocket” this weekend and essentially on mission-critical-only duty for next week, too.

Here’s a nice thought on the topic, appropos for our 24/6 social media lifestyle:

The 21st century is certainly a marvelous time in which to live. Space exploration, computerization, the taming of vicious diseases are all truly amazing feats. But we also suffer more burnout, mental exhaustion, attention deficit disorders and high blood pressure than ever before. They are no doubt the effects of our own hi-tech servitude. Like it or not, we’re ruthlessly on call to someone for something all the time. And, we call it “normal.”
Read More…

Not a good e-discovery strategy

Sullivan and Cromwell bookLavi Soloway writes (hat tip to Above the Law) regarding the extremely un-white-shoe discrimination litigation in New York County between former Sullivan & Cromwell associate Aaron Charney and the law firm, including this astonishing bit:

Last Wednesday January 31 there was a secret settlement meeting at which Charney was offered an undisclosed sum in return for which he promised, among other things, to destroy the hard drive on his personal, home computer. The destruction of that hard drive moved to the center of the debate. Aaron Charney has been ordered to submit an affidavit to the court regarding the hard drive and the status of documents that were allegedly in his possession.

Judge Fried also ordered Aaron Charney to produce his personal, home hard drive at 9:30 a.m tomorrow morning, if, in fact, is has not been destroyed. Fried was particularly concerned that Charney seems to have destroyed the hard drive (which would presumably have contained emails he sent to him self from his Sullivan and Cromwell account with client documents and other firm related documents attached) AFTER being ordered by Judge Ramos at an earlier hearing not to do so. It appeared that Charney destroyed the hard drive becuase S&C asked him to do so as a condition of settlement.

This would be astonishing, indeed. You don’t even need the new, improved and annoying e-discovery rules in the federal courts, nor do you need to be a litigator, to know what a bad, bad idea that was.

Both parties may have a lot of explaining to do. Sweeter it does not get!

UPDATE: S&C promises plenty of explaining. They’ve got your explaining right here. ($5 Million?!)

UPDATE:  Settled.

Thanks to nothing?

Originally published at Dean’s World, Thanksgiving 2006:

Thanksgiving_1900A million essays and blog posts will explore the topic of “being thankful” in the next 24 hours.

I’d say, based on a perusal of a Google search I just ran, that at least 80% of these pieces talk about “being thankful” with no reference whatsoever to Whom (or even whom) one should be thankful.

It is an utter logical dead end. You cannot, by definition, have “thanks” without an object of thanks. It is meaningless.

thank

TRANSITIVE VERB:
thanked , thank·ing , thanks

1. To express gratitude to; give thanks to: He thanked her for the gift.
2. To hold responsible; credit: We can thank the parade for this traffic jam.

You can’t have free-floating thanks. You can thank her for the gift, you can thank the parade for the traffic. You can’t just thank, however.

You can eat turkey. You can watch football. You get together with family and you can call it Thanksgiving. But that won’t make it thanksgiving.

Whom are you thanking this Thanksgiving?

Linux Redux

Philip Albert writes In Defense of the Linux Trademark.

(See here for the other side.)