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Tag: academia
The Ivory Tower Prisoner's Dilemma
Why law journals are useless, and why we can't do without them
"Are [scholarly law] journals even useful nowadays?" Francis Lévesque asked this question in response to a Twitter discussion about the ideological problems that plague the system of peer review, which screens articles published in such journals pretty much everywhere except in the United States. Since I already complained about these problems in a recent post, I might as well reproduce a slightly expanded version of my answer. In short, I think that journals are useless, but they remain, and probably will remain, indispensable due to academia's collective action problem.
Why are journals fundamentally useless? Because nobody actually reads them. I don't mean that people don't read what is in the journals. Well, often, they don't. But sometimes they do. And not just academics, though admittedly that's often the audience for which scholars write. At least some articles attract the attention of practising lawyers and of judges. But here's the thing. People read articles, not journals. Journals as physical or electronic objects, i.e. assemblages of several articles that share a masthead and a typography and not much besides, appearing several time a year, are obsolete and unnecessary.
The reason for this is, of course, that you don't need a journal, whether in physical or electronic form, to find articles, which, to repeat, is what people (sometimes) want to read. Articles are mostly either discovered by word of mouth ― again, literal or electronic (say posts, for example on this blog, that mention new articles) or found through databases such as HeinOnline, CanLII, or SSRN. Perhaps a few journals ― think, the Harvard Law Review ― are prestigious enough to command attention in their own right. Perhaps some specialized journals are of interest to people in particular areas of research or practice. Thematic issues of particular journals might also be interesting as collections of articles. But the ordinary, generalist journals? Nope. If I read an interesting piece that was published by, say, the McGill Law Journal, I'm not going to even bother looking what else was in the same issue.
But while journals as platforms for scholarship are largely useless, journals as institutions are not. They provide bundles of services some of which may be useful, and one of which makes them indispensable. The maybe-useful services are the ones you are probably thinking of. In particular, journals review and select manuscripts (what a quaint word for things that haven't been written by hand this past century!), and edit the ones they choose, and journals ensure that published articles are transmitted to databases where they can, hopefully, be found. The indispensable service is one you might also be thinking of but wouldn't want to admit to be: signalling.
The maybe-useful stuff should be really useful, but it isn't always, as it turns out. The review and selection process is sometimes ― and perhaps more commonly than I would have thought ― tainted by ideological gate-keeping or simple turf wars or even cronyism and rank snobbery. In the United States, the problems are a bit different, since it is student editors who are fully in control or editorial decisions, without input from peer reviewers, but things are not necessarily better overall. The editing can be hit-or-miss ― sometimes useful, but sometimes the editors try to impose arbitrary ideas of what good writing should look like on authors who actually have more sense and experience. Even the transmission-to-databases function, which is genuinely important ― it's one massive advantage journals have over blogs, for which no equivalent of the journal databases exists ― works better with some journals than with others. North American student-run journals are widely available; the ones owned by publishing companies such as the University of Toronto Press, the Oxford University Press, SAGE, etc, are sometimes only available through their proprietary databases, which makes the difficult to find.
Signaling is another matter though. Journals provide it reliably because they don't actually need to do anything to provide it. Their reputation just exists ― in the case of journals associated with particular law schools, primarily as a result of the school's reputation. But it becomes a self-fulfilling prophecy. Publishing in a particular journal, or category of journals, marks you as a successful scholar, so people who want to be known as successful publish in these journals, which helps preserve their reputation, and so on and on.
Yet despite being the result of little more than bootstrapping, this signalling function is very important to academics. Your disciplinary peers ― those who write in the same area as you ― don't need it. They can assess the value of your scholarship directly, by reading it. But others can't do that well, because they lack time and interest, and because they just don't know enough about your particular area. The latter problem is getting ever worse, as legal scholarship becomes more and more specialized. And these others matter in a scholar's career: they are the members of hiring and promotion committees, and perhaps those who assess proposals for funding agencies (though I lack experience to speak to that). Not being able to assess a scholar's output directly, they look for informational shortcuts and proxies. Journal prestige is the most obvious one.
As a result, unless you've achieved everything you wanted in your career and have no aspirations for further promotions or going to another school, or unless you can signal your productivity and quality through books alone (and I don't think many legal academics can do that), you can't afford not to chase the signaling that journals provide. Even if you believe that the signal is actual mostly noise, even if you think it means little, you can't ignore it. You are competing against people who might not share these views and get all the signal they can, and the judges of that competition might actually believe that the signal is meaningful.
The result is a classic prisoner's dilemma. It's in your best interest to act in a way you know is sub-optimal for the scholarly community. You know that if you don't, you'll be, to use a technical term, screwed. One might devise alternative systems for publication. They could well provide the useful services that journals may or may not be providing now. They might even try to provide their own signaling. But unless almost everyone buys into the same alternative system more or less at once, you'll have to be mad to go for one in particular. What if it doesn't take off? Then your efforts to establish your reputation have been wasted, and your career is compromised.
So we are stuck. Perhaps some senior scholars can take the lead and establish a new system. Perhaps then those of us who still have careers to make can follow them. But I'm not optimistic. That said, if you think I'm wrong, and especially if you have concrete ideas, I'd love to hear from you. It would be nice to be wrong about this. Mr. Lévesque thinks I am, but I'm afraid that his technological optimism is no match for my collective-action pessimism.
Author Leonid SirotaPosted on June 25, 2020 June 25, 2020 Categories UncategorizedTags academia, journals, publishing, scholarshipLeave a comment on The Ivory Tower Prisoner's Dilemma
John Finnis and the Law Society
Would the Law Society of Ontario punish a scholar for failing to promote equality, diversity, and inclusion? What about those who defended such a scholar's academic freedom?
One of the less appreciated issues with the Law Society of Ontario's demand that its members produce "statements of principles" acknowledging a purported "obligation to promote equality, diversity and inclusion generally, and in [one's] behaviour towards colleagues, employees, clients and the public" is that it is inimical to academic freedom and the freedom of expression of scholars. This problem is neatly illustrated, however, by the story of the latest attack on an academic who happens to dissent from politically correct views.
The academic in question is John Finnis, "a giant of jurisprudence" in the words of Jeremy Waldron, another such giant himself. Robert George has posted a fairly detailed review of Finnis's oeuvre (drawn from published work) over at Mirror of Justice (detailed, but still incomplete ― there is, understandably, no mention there of the not insignificant role Professor Finnis played in the patriation of the Canadian constitution; fortunately, he has told the story himself). But the most important point for the present purposes is elided in Professor George's description: as Brian Leiter put it on his blog, Professor Finnis "has written foolish and sometimes quite ugly things about gay people for years". And so, as the Guardian reports, "[m]ore than 400 people have signed a petition calling for [Professor] Finnis to be removed from teaching". Now, there is no allegation that Professor Finnis has actually discriminated against a specific student. The complaint is based entirely on his scholarship which, however distasteful one might find it, is widely regarded as formidable and important ― if also, in many people's view, profoundly misguided.
Being a generally acknowledged giant and not just an unknown graduate student who can be bullied into submission or chased out of the academy without anyone paying attention, Professor Finnis has been defended by other prominent scholars. Les Green, writing at his blog Semper Viridis, points out that "[t]o fire someone from an academic post solely on the basis that he defends false or repugnant views is a clear violation of academic freedom". Professor Leiter use stronger language, writing that the students demanding to be got rid of Professor Finnis "disgrace themselves and their university". Professor Waldron put it best:
The campaign to have John Finnis removed is preposterous. His views on many things-torture, assisted suicide, sexuality-are uncongenial to some of us … . But defending & elaborating those views doesn't amount to discrimination[.]
I agree with all this (and, just for the record, I also find Professor Finnis's views on many things uncongenial, to put it mildly). And so, to come back to the reason for this post, I have a couple of questions for the Law Society of Ontario.
First, if Professor Finnis were a member, would you disbar him? Now, I suspect that he would not in fact conform to the Statement of Principles requirement, much like I and many others, and you'd go after him for that. But suppose he'd ticked the box through oversight. I think it's fair to say that, whatever their scholarly qualities and interest as an intellectual foil, Professor Finnis's writings don't do much for equality, diversity, and inclusion. Would you sanction him for failing to promote these values? Do you think this is compatible with his academic freedom?
And second, what would you make of people like Professors Leiter, Waldron, and Green, assuming that they had not objected to the Statement of Principles requirement? Would you deem speaking out in defence of the academic freedom of a scholar whose work opposes (certain kinds of) equality, diversity, and inclusion a violation of one's Statement of Principles commitments? After all, if one understands equality, diversity, and inclusion along demographic rather than intellectual lines, as you pretty obviously do, it is at least arguable that defending a scholar with Professor Finnis's views opposes rather than promotes them. Would you sanction scholars who undertake such a defence because they conclude that, in this instance, academic freedom is a more pressing concern than equality, diversity, and inclusion, on the basis that they fail to "promote" them "generally"? Do you think that would be compatible with academic freedom?
The law society might, I suppose, point to its now-mostly anodyne explanation of what the Statement of Principles requirement is supposedly about, which is largely about complying with anti-discrimination legislation and of no real relevance to academics. Yet the explanation is not the requirement. It has replaced a previous version that spoke of "demonstrat[ing] personal valuing of equality, diversity and inclusion"… and might again be replaced by something that would actually make sense of the never-retracted demand that lawyers ― including lawyers who are academics rather than practitioners ― "promote equality, diversity and inclusion generally", and not only within their professional relationships with clients, employees, and the like.
In New Zealand, universities are required ― by statute ― to "to develop intellectual independence" in their students, and to "accept a role as critic and conscience of society". A different provision "declare[s] to be the intention of Parliament … that academic freedom … be preserved and enhanced", which includes "the freedom of academic staff and students, within the law, to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions". I'm not sure if there is an equivalent legislative framework in Ontario, but at any rate these seem to me to be sound moral guidelines ― principles to abide by, if you like ― for any free society that values learning and scholarship. I'd say that, for an institution that is statutorily required "to protect the public interest", the Law Society of Ontario shows very little respect indeed for the fact that the public interest requires the existence of people and institutions capable of independent thought, however far astray they may sometimes go in the process of exercising this faculty.
Author Leonid SirotaPosted on January 10, 2019 Categories UncategorizedTags academia, academic freedom, freedom of expression, John Finnis, Law SocietyLeave a comment on John Finnis and the Law Society
The Blog of John Henry
A comment on Nick Barber's thoughts on "The Legal Academic in the Internet Age"
How is the internet going to change the ways in which legal academics teach, publish, and engage with the outside world in the medium term? Nick Barber addresses this question in a provocative post over at the UK Constitutional Law Blog. Blogs, he argues are the way of the future, while both social media should be resisted, and traditional lectures are destined for the dustbin of history. You might think that as a blogging enthusiast I would agree, or at least find the idea exciting. But prof. Barber doesn't think that the future belongs to any old blogs; he has a specific type of blog in mind ― professional, edited outfits (like the UK Constitutional Law Blog itself), which will fuse with more traditional journals. A future in which such outlets are the dominant medium does not strike me as blogging utopia at all.
I will not say too much about prof. Barber's views on the future of teaching. He thinks
that lectures will increasingly be replaced by shorter, fifteen or twenty minute, vlogs that will be designed for the medium; that is, they will consist of lecturers talking to camera, perhaps with slides incorporated into the broadcast. A series of these vlogs will then combine to cover the material that used to be covered in the lecture.
This will be both less demanding for the lecturers, who will be able to re-use recordings, and less boring for the students, who will be able to consume them in more digestible chunks and at their own pace. Prof. Barber thinks that by replacing lectures, "the rise of vlogs will free up time for more interactive teaching" to small groups of students. It's a tempting vision, as I'm planning my lectures next term to classes of, potentially, 270 and 60. But whatever the chances that it will be realized at Oxford, where prof. Barber teaches, or at similarly well-heeled institutions, I don't see how law schools like the one at which I am will have the resources to replace my four hours of pontificating to 330 students by the appropriately astronomical number of hours needed to afford them all small group teaching.
Similarly, I will not say too much about prof. Barber's dismissive attitude to social media (i.e. Facebook and Twitter), which he says "encourage folly and, worse, they then go on to preserve this folly for posterity". Steve Peers has responded with a Twitter thread that points out that Twitter, in particular, enables people to interact over the barriers that separate different professions (or branches of the legal professions) and academic disciplines, which (at least sometimes) makes it possible for conversations that would otherwise happen within these different groups to be enriched, for the benefit of all involved. I would only add that social media also help break down geographical barriers in a way that not only traditional publications, or even good old email, do not, and also the barriers of rank or standing within each profession or discipline. I understand why some people will prefer to heed prof. Barber's call for caution, and do not agree with people who occasionally come close to saying that every academic ought to be on Twitter, but I am pretty sure that many will find it useful. I know I do; indeed I think that I have benefited a great deal from my (initially very reluctant) embrace of that medium. (To give just one example, I'm not sure if my collaboration with Benjamin Oliphant would have come about if we hadn't been interacting on Twitter, as well as reading each other's blog posts.)
I want to comment in some more detail on prof. Barber's views on the present and future of blogs. Prof. Barber is enthusiastic about "the emerging capacity of blogs to permit academics to engage with important constitutional issues as they unfold", without being constrained by the "glacial" pace at which articles, even short and topical ones, in traditional publications come out. Moreover, " the rise of the blogs has also brought with it a welcome relaxation of style", allowing scholars to engage with lay audiences. At the same time, as with social media, prof. Barber worries that
[t]he ease and speed with which material can be published increases the risk of error and of ill-considered scholarship. This may be partly due to the laziness of scholars but it is, also, the product of a collective pressure to publish quickly.
Half-baked or outright mistaken arguments that would never have made their way onto the printed page can appear in blog posts, and live on forever in cyberspace.
Prof. Barber sees the solution to this problem in the professionalization of blogs. "We need", he argues, "to create structures that will make use of the speed and accessibility of the Internet whilst avoiding the risks of sloppy scholarship and blow-hard opinionizing." Already, prof. Barber says, "[t]he best law blogs, like journals, now play an editorial role, reviewing and critiquing submissions before they are posted." Whether these structures develop as part of what are now blogs or what are now journals, they will cause the quality of blog output to improve. This, in turn, will lead to academia finally crediting blog posts similarly to more traditional publications for the purposes of promotion, and also cause "the era of the personal blog as a serious academic enterprise [to] come to an end", as independents are out-competed on quality by "edited blog[s]".
Unlike prof. Barber, I do not see these developments as something to be wished for. It's not that I'm against quality, of course ― I try to achieve it with my own posts here. But I know that I occasionally produce bloopers, and suspect that I am not quite alone in this. So I can see the attraction of prof. Barber's position ― if we think that the most important thing for us (as scholars or as lawyers) is that everything written on law be of high quality. But I don't think that this is the only thing that matters, and I'm afraid that rather more will be lost ― and perhaps less gained ― in the quest for quality than prof. Barber cares to admit.
For one thing, I'm skeptical about the ability of blogs to "play an editorial role", at least a meaningful one, in a timely fashion. As they become more institutionalized, less the preserve of enthusiasts who pour the hearts into blogging without counting the hours, and especially if the volume of contributions (and perhaps the competition to get published) increases, as prof. Barber expects that it will, edited blogs will be likely to acquire some of the less pleasant characteristics of the journals, the "glacial" pace among them. The more quality assurance one wants to have ― the more editing and stages of peer review ― the slower the process becomes, until the only time savings over the traditional journals are those made by eliminating printing.
More importantly, the institutionalization of blogs and the disappearance of independent blogging would likely close down an important avenue that is now available to people who lack the exalted status and distinguished credentials of prof. Barber and his fellow contributors to the UK Constitutional Law Blog for communicating their ideas about the law. When I started this blog, I was a graduate student with exactly one academic publication to my name. Nobody would have given me a platform in a serious edited blog. But less than three years later, Double Aspect was named the best law blog in Canada. Paul Daly had a much fuller CV and a higher perch when he started Administrative Law Matters, but he too was "only" a junior academic at that point. Yet within a couple of years his blog was an indispensable resource on public law, and he also won (well deserved, in his case!) recognition as the best in Canada. Independent blogging democratizes academic and professional conversations about law by allowing upstart voices to join in and, just possibly, be heard if they have something interesting to say.
Independent blogging can also be an avenue by which unorthodox ideas that might not pass the test of editorial quality control can be developed. I doubt that any blog editor would have cared much for my early musings about originalism. Two peer-reviewed articles later, I can say that they were not as silly as they might have seemed at the time, though of course the process of working on those articles with Mr. Oliphant involved developing and clarifying my (and his) initial ideas a great deal. But without those early unedited musings, the articles would not have happened. And, to repeat, if I didn't have my own blog, and had to count on the good will or open mind of an editor ― who would, in the nature of things, be an established, and more or less orthodox, academic ― to get them published, I doubt that they would ever have seen the light of day.
I also think that personal or (relatively) small-group blogs (such as the Volokh Conspiracy or Balkinization) have another advantage over institutional ones: they require, and thus select for, commitment. Institutional blogs make it possible for any given person to contribute at large intervals, perhaps only sporadically. That can of course be a good thing ― people who only sometimes think they have something to say in blog post form have an outlet for those occasions. (For this same reason, I think guest-posts are generally great, and am delighted to have hosted a number of them of the years.) But I do think that there is something to be said for committing to a platform that leaves you no cover and forces you to blog not just now and then, but week in and week out. It's bloody hard ― as my occasional bouts of silence show, even maniacs like me sometimes find it impossible ― but as with so much else, there are benefits to regular practice. It makes one develop one's voice and style; it allows one to cover a variety of subjects in some depth; it provides one with a well-developed record of one's observations and opinions that can be useful for other purposes (like teaching, or simply keeping track of legal developments) in the future.
Even if the personal blog cannot compete with a professionally edited platform for high-level scholarship on pure quality, it has its own, different value. It can be a way for new and rebellious voices to enter into and enliven the conversation. It can be a proving ground for people and ideas. It can be the record of a coherent or developing thought process. In can, in short, be many things that a edited blog cannot. Call me a blogging romantic if you will,
But before I let your steam drill beat me down,
I'd die with a hammer in my hand, Lord, Lord,
I'd die with a hammer in my hand.
Author Leonid SirotaPosted on June 15, 2017 June 15, 2017 Categories UncategorizedTags academia, blogging, social media1 Comment on The Blog of John Henry
Nurturing Conventions?
The idea of constitutional conventions, familiar in the Commonwealth since the times of A.V. Dicey, has recently been attracting some attention from American scholars. Gerard Magliocca is apparently using it in a forthcoming article. And, most recently, it appears in an intriguing guest-post by Miguel Schor at Balkinization. Prof. Schor argues that conventions are important ― an obvious point to us, but not to Americans, who tend to conflate the constitution and "the Constitution," i.e. the written constitutional texts (and, maybe, judicial interpretations of that text). He uses the example of what he suggests was a convention that prevented Congress, or a political party in Congress, from using the statutory debt limit (and the threat of default) from extracting policy concessions from the President or from partisan opponents.
Prof. Schor then suggests that
[t]he supposed wall between the Constitution and politics means that the Supreme Court [of the United States] lacks the intellectual tools to play a constructive role in buttressing the political conventions necessary for democratic politics to flourish
― for example, by intervening to stop partisan gerrymandering. In his view,
[t]he [Supreme] Court should seek to nurture the emergence of conventions that facilitate political competition. To that end, we, as scholars and teachers of constitutional law, need to find a way to educate law students about the importance of political conventions.
Now I'm all for talking talking about constitutional conventions as much as possible. Most of my published output so far does just that. And I agree that courts ― not only in the United States, but also in Canada (and elsewhere in the Commonwealth) ― seem to lack the intellectual resources to deal effectively with the political dimensions of conventions; in my article about the "Jurisprudence of Constitutional Conventions," I attempted to supply some such resources. (The journal's copyright terms prevent me from posting the actual paper on SSRN. I am happy to share it with those interested though.) However, I am skeptical of the idea that courts can "nurture the emergence of conventions," whether intended to facilitate political competition or to further some other constitutional principle.
Constitutional conventions are entirely the creatures of politics. As Fabien Gélinas and I put it in a recent article,
[c]onventions are rules of political practice, which emerge when the rules of constitutional law are not or are no longer in accordance with, or sufficient to give full effect to, "the prevailing constitutional theory" or values. Faced with a discrepancy or a gap between law and constitutional values, political actors work out solutions that enable them to give effect to the latter without openly contravening the former. As the solution adopted by one political actor is imitated by that actor's successors, expectations that it will be similarly imitated in the future develop, with each precedent reinforcing these expectations. The combined forces of the values to which the practice gives effect and of the expectations that it will be followed make it binding. Constitutional conventions are indeed the pearls of the constitution, formed as the mollusk of the political process responds to the irritant of inadequate law or to the stimulus of a deliberate political decision, by enveloping it in layer after layer of the protective coating of precedent, until its very existence might be forgotten except by those who know that it must once have been there.
What this means is that courts cannot really "nurture" a convention in its infancy. It will crystallize depending on the political actors', not the judges' choices. At most, a judicial decision can supply, as we put it, the "irritant" that will cause a convention to appear, by pointing out to the political actors the state of the law which they will regard as unacceptable in light of the "constitutional theory" or values of the time.
However, what courts could ― but refuse to ― do, however, is enforce an already developed convention. Now, maybe that is what prof. Schor actually means, but to me "nurture" and "enforce" sound like very different things. One nurtures something that is not yet fully mature. But for a court to be able, even if it is willing, to enforce a convention, the convention has to have reached a (considerable) measure of maturity. Indeed, there are dangers in overhasty judicial enforcement of conventions. One is the risk of uncertainty of an unsettled convention. The skeptics of judicial enforcement of conventions, from Dicey on, have always insisted that conventions are not sufficiently certain to provide meaningful legal standards. As I explain in the "Jurisprudence of Constitutional Conventions" article, I think that this is not always so, but this point is surely more powerful with respect to emerging conventions than to stable ones. Judicial intervention in the field of convention carries another risk too, that of preventing political practice from adjusting to the unsettled needs or changing "constitutional theory" of the day. By enforcing a convention too soon, a court may prevent it from accomplishing its function of making constitutional norms correspond to the prevailing constitutional values.
Prof. Schor's call on courts to nurture constitutional conventions thus seems to me at odds with their true nature. However, more academic ― and judicial ― engagement with conventions in the United States would be very interesting.
Author Leonid SirotaPosted on February 15, 2014 October 14, 2014 Categories Constitutional TheoryTags academia, conventions, courtsLeave a comment on Nurturing Conventions?
Real Intellectual Life
I have recently come across a great paper by Mark D. Walters, "Dicey on Writing the Law of the Constitution", (2012) 32 OJLS 21. (UPDATE: The original link is no longer working, alas, and the paper is no longer freely accessible.) It's not brand new (it was published last year), but as prof. Walters, unfortunately, doesn't post his work on SSRN, it might have escaped the attention of fellow constitutional law nerds and Rule of Law enthusiasts, as it escaped mine. The article tries to provide put A.V. Dicey's work, especially his classic Introduction to the Study of the Law of the Constitution, in the intellectual context of its author's "real intellectual life," a glimpse of which prof. Walters got by studying Dicey's papers, letters, and draft manuscripts.
Dicey's work has been touted as the epitome of Victorian jurisprudence ― of all that was good or all that was bad about it. But, says prof. Walters, it has more often than not been seriously misrepresented. It is not, as is often believed, an academic codification of British constitutional law; Dicey's aims for his project were at once less and more ambitious than that. Nor is it an example of dry, authoritarian Austinian positivism; Dicey's jurisprudential views were more complex than those of his contemporaries.
According to prof. Walters, Dicey aimed not at presenting a detailed codification of an commentary on the entire constitutional law of the United Kingdom, but rather at presenting its most salient principles. He was "an artist" rather than a surveyor, in the words of a contemporary who, for his part produced a detailed (and, so far as I know, now entirely forgotten) survey of constitutional law. Nevertheless, it was ― unusually for a time which had seen the constitution examined from the standpoints of politics and history but not law ― a thoroughly legal work. But, for Dicey, a study of law could profitably look at principles, the "spirit" of a body of law, and not only the details of its rules.
Indeed, Dicey's jurisprudential views and methodology are, according to prof. Walters, much misunderstood. Though he regarded himself as a lawyer rather than a historian or a political critic, his approach to law was not limited to looking at the rules of his own time and place. He sought to enrich his and his readers' understanding of the law by taking at times a comparative approach, and sometimes by considering history. Furthermore, his account of law was not that of a neutral and dispassionate observer. Dicey thought that the law had a normative value, and gave a normative account of it. Indeed, prof. Walters suggests, albeit tentatively, that if we had to assign to Dicey the label of one of today's jurisprudential schools, he would be a Dworkinian interpretivist rather than a positivist.
A final important point that prof. Walters makes concerns Dicey's approach to legal scholarship as literature. "[T]here ought," Dicey wrote, "to be no divorce between law and letters." An academic lawyer should write not only, and indeed not mainly, for other academic lawyers, but for other educated citizens who happen to take an interest in the law. His work should be accessible and readable; not merely readable, indeed, but aesthetically enjoyable as well as instructive.
Although prof. Walters does not say this, I think that this last point too allows us to draw a parallel between Dicey and the late Ronald Dworkin. He too sought to reach out to audiences beyond the confines of legal academia (notably through his New York Review of Books columns); he too, I think, aspired to write in a way that would be appealing and compelling to a lay public. Whether he succeeded is probably debatable, but one need not like the result to think the attempt noble. In this, if in nothing else, I think that legal scholars ought to learn from Dicey ― and from Dworkin. (This blog, I daresay, has the same ambitions. Whether it succeeds is, of course, for you to judge, and I hope that the literary standards by which you do so are not too lofty.)
Dicey has been both an idol and a bogeyman for constitutionalists and legal philosophers; for some, such as yours truly, he has been both. Prof. Walters succeeds, I think, in making him a bit less of the latter, and more of the former. More importantly, it shows that neither of these labels is quite warranted. Dicey, as any great scholar, had a rich intellectual life, which ensures that he defies such easy categorization. And our own intellectual lives will be richer for paying attention to his.
Author Leonid SirotaPosted on August 7, 2013 August 2, 2017 Categories Constitutional Theory, Legal philosophyTags academia, Dicey, scholarshipLeave a comment on Real Intellectual Life
I wrote recently about whether scholarship (in philosophy and in other areas, such as law) can make a difference, and whether this matters. As it happens, PrawfsBlog has been running an interesting series of interviews with scholars whose work has been cited by the US Supreme Court, asking them, among other things, what they thought of the alleged uselessness and irrelevance of legal scholarship. Some say scholarship matters, though courts will not admit to being influenced by it. Others cheerfully say that most scholarship is, indeed, irrelevant ― but add that that's fine. Wille Baude is in the latter category, and he has a great line by Frank Easterbrook's article called "What's So Special About Judges", 61 U. Colo. L. Rev. 773 (1990), as evidence:
A free mind is apt to err ― most mutations in thought, as well as in genes, are neutral or harmful ― but because intellectual growth flows from the best of today standing on the shoulders of the tallest of yesterday, the failure of most scholars and their ideas is unimportant. High risk probably is an essential ingredient of high gain. (777)
This brings to mind my own favourite line by prof. Easterbrook (as he then was), from "Vertical Arrangements and the Rule of Reason", 53 Antitrust L.J. 135:
We live in a world where knowledge is scarce and costly, ignorance rampant. (145)
If "knowledge is scarce and costly," then producing a bit more of it is a "high gain." So it makes sense that an investment in its production is always a speculative one. Judge Easterbrook, at least, seems to subscribe to what I described, in my previous post, as the "venture capitalist" theory of the value of scholarship (as opposed to the "stonemason" theory, according to which each researcher adds a little something to knowledge, which is thus built up one small element at a time).
It is ironic, of course, that academia turns out to be a risky enterprise. Those who enter it probably see it as safer than business or even, possibly, the practice of law. But it all depends on what risks one considers. The risk of being a failure, in the sense of not producing anything worthwhile, might be higher in academia than in many other lines of work. Then again, this risk has its rewards. Just ask the people whose scholarship is cited by the Supreme Court.
Author Leonid SirotaPosted on August 6, 2013 December 9, 2013 Categories UncategorizedTags academia, scholarshipLeave a comment on Risk and Reward
Does research in philosophy make the world a better place, beyond the pleasure it gives one? There was an interesting discussion on this topic on the Leiter Reports (in the comments). Though I'm two weeks late to the party, it's worth saying a few words about it. Although the discussion there focused on philosophy, I think the general principles one can gather from it are more widely applicable ― to legal theory, for instance (which is why I found it so interesting), but perhaps, to some extent at least, to just about any sort of abstract research.
The danger in any such discussion lies in the fact that human beings are generally poor judges of their own work, both of the significance of the enterprise they are engaged in to human affairs and of the quality of their own contribution to this enterprise. Most overestimate the importance of what they do; some underestimate it; nobody can be objective. Philosophers might be a bit better than others at avoiding biased judgments, but I doubt that they are much better at it. At the same time, just because one's judgment is in one's favour, it is not necessarily wrong.
Be that as it may, a strong minority of the participants in the discussion argue that philosophical research does not actually make the world a better place. It is, often by design, too remote from practical concerns to make a difference; and the people who make a difference are not interested in philosophy. Indeed, says John Gardner, this might be for the best, because much philosophical research "is ripe for abuse. It is better not to have any effects than to have predictably unwelcome effects through the kind of people who are likely to put my work to use." You'd think the man is a nuclear physicist rather than the Oxford Professor of Jurisprudence. But the most caustic version of the skeptical position is those who say that academic philosophy is basically a waste of good brains, and those who are tempted by it ought to do something else that would be of more tangible benefit to humanity.
Most, though, are not so pessimistic, and do in fact believe that philosophical research makes the world better in one way or another. One commonly cited reason is the indirect contribution research makes by making the researcher a better teacher ― and teaching, in turn, is what really makes the world a better place. But many say that research itself is (also) valuable. There are, so far as I can tell, three main claims about why this might be the case.
The first is that doing philosophy is intrinsically valuable ― that, to quote prof. Gardner again, "the world is a better place ― constitutively ― just in virtue of containing more good philosophy, and more good philosophers." Or, as a scientist quoted by Richard Baron answered when asked why the United States should bother spending money on particle physics put it, "[i]t has nothing to do directly with defending our country except to make it worth defending."
The second and third justifications of research in philosophy both claim that it is instrumentally valuable because it helps us get (closer) to Truth. The difference between them is in how they perceive the contribution each individual researcher might make. The first claim about the instrumental value of philosophical research is that, although the odds of any individual philosopher of making a valuable discovery are very low indeed, a few will get lucky. Philosophy, on this view, is a bit like venture capitalism ― it involves lots of investments, most of which will have to be written off, but a few of which will. hopefully, yield returns rich enough to make up for the rest. The second claim is that, on the contrary, an individual philosopher's work does make a contribution, albeit small, and that we get closer to Truth as these small contributions add up. As Craig Duncan puts it, a philosopher a "medieval mason helping to build a cathedral. An individual mason's contribution was doubtless small, and he likely did not live to see the conclusion of the project and witness its full value" ― but that doesn't mean it hadn't any.
For my part, I find all three of these claims somewhat appealing, though perhaps the "venture capitalist" one more than the others. It is consistent with Sturgeon's Revelation (a.k.a. Sturgeon's law), which holds that "ninety percent of everything is crap." There seems to be no reason to be reason to believe that it doesn't apply to philosophy, or jurisprudence, or any other area of academic research. But the revelation's universal applicability means not only that much of the philosophers' collective output is going to be worthless, but also that they would not necessarily be better occupied at anything else, and that their collective contribution, like that of any other profession, is to be judged by small fraction of non-crap that it produces. (Of course, this is no excuse for the individual who consistently only produces crap ― he or she should indeed try to find something else to do. The point only holds for groups.)
I will end with two similar quotes from very dissimilar economists.
The first is a well-known bon mot from Keynes's General Theory of Employment, Interest and Money:
The ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed the world is ruled by little else. Practical men, who believe themselves to be quite exempt from any intellectual influence, are usually the slaves of some defunct economist. Madmen in authority, who hear voices in the air, are distilling their frenzy from some academic scribbler of a few years back.
The second is from Milton Friedman's introduction to a 1982 edition of his Capitalism and Freedom:
Only a crisis—actual or perceived—produces real change. When that crisis occurs, the actions that are taken depend on the ideas that are lying around.
Despite a difference in emphasis (it would be too much to expect Keynes and Friedman to quite agree!), the point that both make is that ideas matter, in everyday life (so Keynes), but especially so in times of crisis (so Friedman). And I am pretty sure that this is true not only of ideas on politics, policy, and economics, which both had in mind, but also of those on ethics, law, and any number of other "abstract" areas of inquiry. Good ideas can make the world a better place.
Author Leonid SirotaPosted on July 30, 2013 July 30, 2013 Categories UncategorizedTags academia, philosophy1 Comment on Why Bother?
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Society of Victimology and Centro Nationale de Prevenzione e Difesa Sociale.
representing JGU on the project which will critically assess the EU's impact on global justice.
study tour hosted by GLOBUS partner Jindal Global University (JGU).
Office of International Affairs and Global Initiatives.
agreement also provides for funded faculty and staff mobility opportunities.
they supported the students in any way possible.
professors but also the students were welcoming and always offered their help.


text:
Local nonprofits still give after gun violence in Wilmington's Riverside neighborhood
Nick Perez
After Saturday's gun violence in Wilmington's Riverside neighborhood canceled a Thanksgiving event, local groups stepped up to give in a different way.
Nonprofits Planting to Feed Inc. and Kingswood Community Center's yearly Thanksgiving-themed event, where attendees receive frozen turkeys along with a hot meal, was canceled Sunday after two men were shot on the same block the night before.
Wilmington police responded to the scene at around 4:50 p.m. in the 2300 block of Bowers St. Two men, ages 19 and 20, were taken to the hospital in stable condition after being shot, police said. Local residents said there was a baby shower taking place at the community center at the time.
BACKGROUND:Two shot in Wilmington's Riverside neighborhood, police say
Though the Thanksgiving event was canceled, community members decided to put the 200 frozen turkeys into a U-Haul and go door to door to give them away.
"We're trying to do good in the community despite the bad stuff that's happening," said Planting to Feed Inc's founder, Jessica Wescott.
Along with six other volunteers, Wescott gave nearly a third of their turkeys away to people who live in the area within a couple of hours.
Police were temporally stationed at Kingswood Community Center on Sunday morning.
Wilmington has seen eight shootings so far in November, according to a Delaware Online/News Journal database.
Wilmington has also seen 21 people killed from gun violence so far in 2019, according to the same database.
Wilmington police investigating shooting near Prices Run
Wilmington shooting: Boy in critical condition following West 27th Street shooting
Have a court or data story idea? Contact Nick Perez at (302) 324-2856, nperez@gannett.com or Twitter @nickdnperez.

redpajama_set_name: RedPajamaCommonCrawl


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It's been a few years since Professor Nick Hoffman has made an appearance (Hot Rocks, 2007), and he fills a nice gap. There are few academic based mystery series, and this is an engaging one, set on the fictional campus of "SUM" or State University of Michigan in "Michiganopolis," a town that sounds suspiciously like East Lansing, where Raphael teaches classes at MSU. His central character, Nick, and his partner, Stefan, live a peaceful life on a bucolic street with their Westie, Marco, enjoying books, movies, food, wine and each other.
Until. And this feels like a story Raphael had pent up inside him and had to tell. Until one terrible night a SWAT team storms into Nick and Stefan's home, handcuffing both of them on their front lawn in full view of the neighbors, taking Stefan away to jail and questioning before Nick knows what is happening. Luckily, one of their new neighbors, Vanessa, turns out to be a lawyer and she swoops in with reassurances for Nick and more practical assistance for Stefan as she follows him to the jail.
Nick is left at home to wait and wonder and it's almost dawn before an obviously traumatized Stefan returns home, heads to bed without a word, and leaves Nick and Vanessa in the kitchen to talk. SWAT had gotten a tip and thanks to the heightened paranoia and militarization of the police since 9/11, they are empowered to follow up on tips. No charges were brought against Stefan but before Vanessa leaves she cautions Nick not to talk to anyone.
As Nick and Stefan try to clumsily and uncomfortably reclaim their lives, they find they are both paranoid, and with good reason as more incidents follow the first. Though none are as terrible, they are still deeply disturbing. Raphael also turns an eye on the constant surveillance all of us are under in one way or another, with cameras literally everywhere. The recently reconfigured Department of English where both Nick and Stefan teach has them wondering if they are being filmed and/or bugged. And as readers (and US citizens) we are jittery enough to buy into their paranoia and the idea that we are all being watched and recorded.
I guess the theme of this book is how far is too far? What does it take to make any of us feel safe? Nick explores that by buying a gun and going to the shooting range to learn how to protect himself. And the unease comes between him and Stefan as each man feels uncharacteristic rage and an urge for revenge and safety. As Raphael winds up his story, cleverly making use of several threads he's pulled though the novel, the conclusion seems, sadly, all too possible and believable. This book questions our assumptions and our behavior and the ways society is trying to remedy the violence we all live with. That's quite a punch to pack into a brief 176 page volume.
I was also delighted to reconnect with Nick and Stefan, two of the more appealing mystery series characters around. I love the snark and snap of the academic setting, something Raphael appears to have nailed. All in all, a nice return of an old favorite.


text:
Okaeri 2020: A Nikkei LGBTQ Gathering
Join us Sept. 25 & 26, 2020 in Los Angeles!
Check regularly for program updates
Networking or Little Tokyo Walking Tour
Networking & Self-Organized Open Space
Want to connect with someone you heard from earlier in the day? Interested in finding out more about the awesome work that they do, or collaborating with them in the future? Want to catch up with other attendees you haven't seen in awhile? Want to organize your own breakout or caucus with people you share identities with and/or want to have specific conversations with?
Enjoy some snacks and use this time to meet and reconnect with other attendees!
Walking Tour of Little Tokyo
The Little Tokyo tour provides an opportunity to explore and understand the importance of preserving a 130 year-old community. Little Tokyo is the oldest neighborhood in Los Angeles and one of three remaining Japantowns in the nation. The tour will focus on the important role that community activism has played in defining the community, and the continuing importance of activism in building a future for Little Tokyo in the midst of gentrification and downtown development.
Alan Nishio (pronouns: he/him) has been involved in Little Tokyo for almost fifty years. In the 1960's, Alan was involved in the fight against the redevelopment of Little Tokyo and the forced eviction of many low income seniors on fixed incomes. Since that time, he has continued his involvement in Little Tokyo and currently serves on the board of directors of the Little Tokyo Service Center and the Japanese American Cultural and Community Center. Alan also works actively with Kizuna, an organization working to build a new generation of stakeholders in the Nikkei community. Alan retired from California State University, Long Beach after a career serving as the Associate Vice President of Student Services and teaching in the Department of Asian and Asian American Studies. Alan was a founder and co-chair of the National Coalition of Redress/Reparations, an organization that played a significant role in the redress campaign for Japanese Americans incarcerated during World War II. Alan is also a past president of the California Conference for Equality and Justice, a leading human relations organization in the state.
Kristin Fukushima (pronouns: she/her) is the Project Manager for Sustainable Little Tokyo – the community-driven, neighborhood-based initiative to sustain Little Tokyo for future generations in which sustainability is defined environmentally, economically, and culturally/historically. She is also the co-chair for the Planning and Cultural Preservation Committee for the Little Tokyo Community Council, which focuses on land use and built environment issues throughout Little Tokyo for LTCC, as the coalition of businesses, residents, nonprofits, and other stakeholders representing the Little Tokyo community. Kristin is part of LTroots, a young adult organization in Little Tokyo, and a co-founder of Kizuna - a Japanese American youth development and empowerment organization in Southern California.
AFTERNOON WORKSHOP BREAKOUT
Workshop Topics Include:
Family acceptance
Religion & LGBTQ Inclusion - struggles & momentum
LGBTQ Mental Health, Intergenerational Trauma & Healing
Gender/Trans 101
LGBTQ 101 (includes "coming out" stories)
Allyship 101
LGBTQ Organizing & Connection to Broader Movements
Sexual Health, Positivity & Wellness


text:
Apple's Eye on the Prize
The iPhone's progress is worth a slow release of its Leopard operating system.
Priya Ganapati
Apr 13, 2007 3:25 PM EDT
In delaying its upcoming Leopard operating system in favor of keeping the iPhone on track,
(AAPL) - Get Apple Inc. Report
has made a bet guaranteed to please consumers and investors eagerly awaiting its move into the mobile phone market.
But by choosing to eschew the estimated $125 million to $150 million in near-certain revenue that Leopard will bring in, the company has also raised the stakes on the iPhone.
The questions now: Is Apple setting expectations too high, and can the iPhone really be the category-killer that its fans are hoping it will be?
Analysts and fund managers are keeping the faith.
"So far, Apple has consistently delivered terrific products," says Jim Grossman, equity research analyst with Thrivent Asset Management, which holds shares of Apple in its portfolio. "And I don't think they have over-promised on the iPhone. Apple is known for its meticulous nature, and I believe they will deliver a product that will be stunning."
Despite the delay in the launch of Leopard, Apple will continue to gain share, believes Grossman. "I think with iPhone and Leopard, 2007 will be a standout year for the company," he says.
The iPhone will ship in late June as planned, but Leopard
will be delayed to October, Apple said Thursday, saying it has had to divert engineering resources away from Leopard to the iPhone.
Shares of Apple were recently off 2% to $90.29, but the market reaction could have been a lot worse if the company had chosen to stick with Leopard, says Romeo Dator, of the U.S. Global Investors All American Equity Fund, which has Apple among its top ten holdings.
"It is a disappointment that the new operating system will be delayed, but better that than a delay in the iPhone," he says. "In terms of expectations, I think the iPhone is more important in the short run than the operating system, and it seems the general public is clamoring more for the iPhone than for Leopard."
Apple's June quarter, when Leopard was originally scheduled to ship, is likely to suffer, says Robert Semple, research analyst with Credit Suisse, which has an investment banking relationship with Apple and makes a market in Apple shares.
Semple believes third-quarter guidance will come down and Apple could guide June quarter revenue lower when it reports its earnings for the second quarter on April 25.
The launch of Leopard, he estimates, will generate $125 million to $150 million in retail sales in the quarter it comes out, which now will be transferred to the December quarter, Apple's first fiscal quarter of 2008.
Analysts were expecting the company to post revenue of $5.4 billion in the third quarter and $6.3 billion in the fourth quarter ending Sept. 30, according to Thomson First Call.
Though Apple's delay on Leopard could result in students and others pushing back their decision to purchase a new Mac, it will still be a net gain for the company, says Dator. "If it ships in October and lives up to expectations, the company could be set for a blockbuster Christmas," he says. "So in the long term, they are better off focusing on the iPhone."
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Citi Makes Wolfe List of Yield-Curve Steepening Stocks
SEC Chair Gensler Facing Time Crunch to Reform Wall Street


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RomanceDivorce
30 Men Recall The Moment They Decided To Divorce Their Wife
By Jessica Winters Updated January 21, 2019
Found on AskReddit.
1. When she backhanded me in the mouth until I lost consciousness.
"I endured a physically, emotionally, and mentally abusive relationship for over six years with my first wife, four of which we were married. There were many, many instances that should have caused our marriage's demise.
The proverbial straw that broke the camel's back, though, was eight days after I had major oral surgery. Due to a freak medical occurrence, I had to have 28 teeth cut out and two holes drilled into my sinus cavities from top of the back of my gums.
She and I were in a grocery store parking lot, and I asked her not to start an argument in the store because it's a small town and I was so tired of being 'those people'. Her reaction was to backhand me in the mouth. Six times.
Or at least I counted six times because I'm pretty damn sure I lost consciousness. I just remember waking up when we were pulling into our driveway while she's freaking out because my face is against the window and blood is coming from my mouth like a fountain."
—bearded_dad85
2. When she threatened to kill me because I came home from work late.
"During the last year and a half of our marriage she became extremely psychologically abusive. She was a narcissist, controlled my every move, would isolate me, refused physical contact, I was just an extension to her life, was not allowed to talk to any female, was not allowed to hang out with any friends or she would ignore me for up to 5 days at a time, double standards everywhere, verbal abuse and the list can continue but it hurts to think about. The last straw for me was when she threatened to kill me because I came home from work late even though she knew I would be home late. It was just a little too late for her and she also threatened to hit me the same day. This was the second time this happened and I talked with several people at work about it and they suggested that I run. I had texts of the threats on my phone and contacted a lawyer that same week. She agreed to sign since I told her I would take severe legal action if she didn't. Thankfully no children and it was a clean divorce and I'm happily divorced."
—RandyJ549
3. When she physically attacked me in front of our then 11-year-old son.
"When she physically attacked me in front of our then 11-year-old son.
I'd been pondering the idea for a while. That was the clincher."
—ecafsub
4. When she said, 'You didn't pray hard enough and that's why our son has cancer. That's why I'm sleeping with my prayer partner.'
"When she said, 'You didn't pray hard enough and that's why our son has cancer. That's why I'm sleeping with my prayer partner.'"
—CarterLawler
5. She threw the cat at me. A cat. She threw a fucking cat at me.
"I left for work at 6am and forgot to unplug the toaster. When I arrived home at 6pm, I was given the "everything you've ever done to piss me off speech" just for leaving the toaster plugged in. I asked her what she did all day that prevented her from unplugging it herself. Another "I'm an asshole" speech. I said something to the effect of quit acting like your fucking mother. She threw the cat at me. A cat. She threw a fucking cat at me."
—Outlaw0311
6. She shot our dog.
"I was at work and got a call from my grandparents that she had shot our dog, Zoey, that was laying on the bed with her.
We were separated before that for other reasons, but that's when I ponied up a few grand and went to an attorney to file.
I really miss her. The dog, I mean."
7. Our daughter at 3 years old told us to stop yelling.
"Our daughter at 3 years old told us to stop yelling."
—NOTcreative-
8. When my buddies approached me to complain that she kept sitting on their laps, wiggling, and hoping for an erection.
"When my buddies approached me to complain that she kept sitting on their laps, wiggling, and hoping for an erection."
—drsugarballs
9. She got pregnant and there was no possible way it was my child.
"She let me know she was pregnant and wanted my permission to tell all her girlfriends during a girls' night out.
Since I knew there was no possible way it was my child, she was also unknowingly admitting to having an affair. (I can math, and she can't). It was with her boss.
Lawyered up the next day, and he ate her alive in court. I got primary custody of our child we already had, and child support, and a sheriff's notice that she had to vacate my home in 30 days.
I never knew she could be that stupid."
—yourbrotherrex
10. When she falsely told our marriage counselor that I punched her.
"When she falsely told our marriage counselor that I punched her.
The next week, she denied saying it and accused our counselor of lying. He gave me a 'You should leave this relationship' look. I took that look as permission from a professional that I definitely wasn't making the wrong decision. Got divorced and never looked back.
I legitimately feared for my safety towards the end — not that she would hurt me, but that she would make a false accusation to the cops or a crazy friend."
—tomatuvm
11. When a friend's wife said to me, 'You know your wife is sleeping with my husband.'
"When a friend's wife said to me, 'You know your wife is sleeping with my husband.'"
—stickittothemanuel
12. When she staged a robbery of our house so she could pawn all of my shit for drug money.
"When she staged a robbery of our house so she could pawn all of my shit for drug money."
—Carpe_cerevisiae
13. The morning I saw a picture of some dude's dick on her phone.
"The morning I saw a picture of some dude's dick on her phone. She was classy enough to bring him to the divorce proceedings…"
—TheMulletBurden
14. When she falsely accused me of 'inappropriate conduct' around our kids.
"When she presented a picture of our four-year-old daughter and me lying next to each other on the couch watching Blues Clues to our marriage counselor as evidence of my 'inappropriate conduct' around our kids.
Thank God he saw right through that bullshit immediately and told her to knock it off."
—beaton_boatsagainst
15. When she violently abused our daughters.
"When my stepdaughter became a teenager, my ex ramped up the nutso. She had always been an impatient, angry screamer of a parent. But as my stepdaughter became a young woman, my ex just went crazy with envy or something. I know lots of moms have a hard time with teenage daughters, but their base level patience is so much better than my ex's was. Threats of cutting hair in middle of night while daughter slept, pulling hair, slapping face, ridiculing in front of her friends, swinging something that missed and put a hole in the wall—I was out, with the kids."
—dab2525
16. When we flew across the country for her sister's wedding and she wouldn't let me go.
"We flew across the country for her sister's wedding. She didn't say a word to me the entire time since we had parked at the airport. Once we landed at our destination, we walked to baggage claim (absolute silence preceding for several hours now). At the carousel, I picked up her bag when she took it out of my hand and calmly stated, "None of my family knows you're here–I told them I came alone." She walked out of the airport and left me there.
Narcissistic Personality Disorder made for some really fun scenarios."
—jgratil
17. When I came across a selfie she took with some dude laying on her.
"I was working on a mother daughter scrapbook as a Christmas present for her. Was going through her Google photos account looking for pics of them together. Came across a selfie she took with some dude laying on her. Confirmed her second affair. Knew it was over the moment I saw it. That has fucked me up pretty good."
—chevellefrmhell
18. I opened the computer and found the personal ad she was running for a fuck buddy.
"I opened the computer and found the personal ad she was running for a fuck buddy. Apparently it was just me she wasn't having sex with…"
—couldloseafew
19. When I found her, on Christmas Eve, still sexting a coworker.
"Finding her, on Christmas Eve, still sexting a coworker whom she claimed she was no longer in contact with (having been busted sexting him previously, also). I cleared out of there like a blackjack dealer."
—justduett
20. When she spent the money I gave her for puppy vaccine on pills.
"When I, as the only earner in the house, was denied buying a new pair of work boots—in December—because she needed the money to 'buy vaccines for the puppies.'
She bred dogs as a hobby, I was a framing carpenter in Ohio. My current work boots were toast—holes in both, no soles. I needed them. Her 'puppy vaccine' story was bullshit- her hobby was dogs, but she was a pro at popping pills. That's what she needed the money for.
I was done with her by March."
—bigterry
21. When I came home from and she was in her room being fucked by some random guy she met on Tinder.
"Preface: we were doing a trial separation. She moved into the spare bedroom of our apartment. "Divorce" had been thrown around but we still spent time together and slept together. I wasn't seriously considering divorce, but rather counseling, etc.
Up until the day I came home from work at the same time I came home every day and she was in her room being fucked by some random guy she met on Tinder. She had not told him she was married. I kicked him out of the apartment and made it clear to her I would be moving out as soon as possible."
—marcus_wangstarr
22. Me: 'I love you.' Ex: ' settled on you.'
"In marriage counseling:
Me: I love you.
Ex: I settled on you."
—lucideus
23. I was on deployment and she yelled at me for interrupting her family's celebration when I called on Christmas.
"I was on deployment and she yelled at me for interrupting her family's celebration when I called on Christmas."
—mwr885
24. The situation was so messed up that the cops actually testified on my behalf.
"When the cops showed up and arrested me while I was washing dishes. Found out after being taken to the station that she had claimed that I had been beating on her and my five-year-old son. Was acquitted in court a month or so later. The situation was so messed up that the cops actually testified on my behalf."
—lesters_sock_puppet
25. When she told our three-year-old daughter that she hated her.
"I always refused to raise my voice during arguments, which usually made her crazier and scream louder. After one such argument, during which our 3-year-old daughter was playing upstairs, she started coming down at the same time her mother was storming up the stairs like a child of comparable age. Our daughter was in the way and her mother got in her face and screamed 'GOD, I FUCKING HATE YOU, MOVE!'
Of course, my daughter came to me, hurt. That was the moment I decided it was over."
—feyedharkonnen
26. When she threw the Thanksgiving turkey in the trash can and walked out.
"We were already not speaking.
It was Thanksgiving. I knew she wasn't going to bother, but I made a turkey and whatever goes with turkey for my then eight-year-old daughter.
I had the turkey out on the counter to rest after roasting.
My beloved bride walked in, calmly threw the turkey in the kitchen trash can, and walked out.
I had to take my kid to fucking golden corral for Thanksgiving.
That was it. I was done."
—stupidlyugly
27. She started doing meth got arrested by the police and got caught cheating with her dealer for drugs.
"She started doing meth got arrested by the police and got caught cheating with her dealer for drugs. They are both in rehab and I am trying to manage the disaster she left behind. My 3 kids have taken it the hardest, they don't understand why she went to jail or rehab and are very upset that they cannot see her. I can never go back she has ruined me and destroyed my kids. I am so lonely I lost my best friend, wife and soul mate to meth."
—JuJewBea
28. I was working 6-7 days a week 10-12 hours a day and she called me lazy.
"I was working 6-7 days a week 10-12 hours a day and she called me lazy. She screaming in my face and telling me I was a bad Father as she demolished my son's room.
—tinfang
29. Cutting up my clothes when I was out with friends, cutting my hair when I was asleep, random violence and screaming fits.
"Me and my ex were always having ups and downs. Cutting up my clothes when I was out with friends, cutting my hair when I was asleep, random violence and screaming fits… the usual…
We did the normal things couples were supposed to do and it seemed to prolong the episode for a time.
We bought a house for example.
Well, after we had the house the next thing we needed was a cat.
She loved it very much when it was a kitten but as it grew up it became more independent (it's a cat duh!) and she couldn't take this and became aggressive towards it.
I remember walking in one day and she picked up the cat and threw it up in the air, it bounced off of the ceiling and then I threw her ass out of the house bouncing her shit of the curb.
I still have the cat."
—HungGarRebel
30. She called me WHILE IN FUCKING REHAB and told me she had an affair 9 years prior and my 8-year-old daughter is probably not mine.
"Mine was the moment I was in rehab seeking help from the pains of life. She called me WHILE IN FUCKING REHAB and told me she had an affair 9 years prior and my 8-year-old daughter is probably not mine. Keep secrets that big for that long what else could I ever trust that woman with….DONE."
—manwithnofirstname
Read This: 30 Men Recall The Moment They Decided To Marry Their Wife
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MINSK, 1 March (BelTA) – Belarus President Alexander Lukashenko has sent a letter of birthday greetings to Tatarstan President Rustam Minnikhanov, BelTA learned from the press service of the Belarusian leader.
"People in Belarus appreciate your support aimed at the enhancement of cooperation between the Republic of Belarus and the Republic of Tatarstan of the Russian Federation," the felicitation message reads.
"Thanks to your high professionalism and many-year experience of work at crucial government posts you are appreciated as a wise politician. Tatarstan is vigorously developing under your leadership," the Belarusian leader noted.


text:
Boehner appoints members to Planned Parenthood investigative panel
By Danny David | October 23, 2015 , 01:40pm
Speaker of the House John Boehner has selected the GOP members for a House committee created to investigate the grisly practices of big abortion providers – predominantly Planned Parenthood.
Rep. Marsha Blackburn (R-Tenn.) will chair the new committee. As chairwoman of the committee, Blackburn will be given the power of subpoena. The other members of the committee appointed thus far are:
Rep. Joe Pitts (R-PA)
Rep. Diane Black (R-TN)
Rep. Larry Bucshon (R-IN)
Rep. Sean Duffy (R-WI)
Rep. Andy Harris (R-MD)
Rep. Vicky Hartzler (R-MO)
Rep. Mia Love (R-UT)
In a statement released Friday, Boehner said:
Recent videos exposing the abortion-for-baby parts business have shocked the nation, and demanded action. At my request, three House committees have been investigating the abortion business, but we still don't have the full truth. Chairman Blackburn and our members will have the resources and the subpoena power to get to the bottom of these horrific practices, and build on our work to protect the sanctity of all human life.
The Democratic party will hold five seats on the committee. As of Friday morning, House Minority Leader Nancy Pelosi (D-Calif.) has yet to announce who will be appointed to fill these seats.
Three other House committees have already begun conducting investigations into Planned Parenthood, following the release of undercover videos showing Planned Parenthood officials discussing the sale of fetal body parts.


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Next Article in Home Tech
Some Smart Home Devices Headed to the 'Brick' Yard
By Richard Adhikari
ECT News Network
October 29, 2020 5:00 AM PT
The demand for smart home devices is projected to grow steadily over the next few years. Nonetheless, consumers should think carefully before making a purchase due to a trend of manufacturers phasing out "smart" products.
Last week, Google discontinued its Google Nest Secure home security alarm system without warning, though it says the device will continue to work for current owners.
"Google Nest will no longer be producing Nest Secure, however we will continue to support our security users in all the same ways," a Google spokesperson said in a statement to The Verge.
Google's is the latest in a line of similar moves within the industry.
In May, smart home device maker Wink Labs announced an end to free access to its platform, saying would begin charging a monthly service fee instead. Outrage from users saw Wink reverse its decision two weeks later, but the company said it would at some point require users to pay a subscription fee to offset costs.
That followed Belkin's announcement in April that it would stop supporting its cloud-enabled Wemo NetCam products on May 29, rendering the devices useless. User anger led the company to extend the device life to June 30.
Last November, Best Buy shut down the back-end systems for various smart home devices sold under its Insignia brand. Home improvement chain Lowes in Jan. 2019 shut down its Iris smart home platform and related services effective March 31 that year after failing to find a buyer for the underperforming line.
"Far too often, consumers are left with no choice but to dispose of their now-bricked devices," Jack Narcotta, senior industry analyst for smart home strategies at Strategy Analytics, told TechNewsWorld.
The economic downturn resulting from the pandemic has impacted global consumer spending on smart home-related devices this year, Narcotta said.
Things will pick up next year, though, and he predicts global consumer spending on these devices "will continue to grow at a 15 per cent compound annual growth rate, reaching $88 billion in 2025."
A Troubling Trend
It does not look good when a smart device manufacturer abandons a product line or bricks its products, but these actions are far from random.
Google abandoned its Nest Secure system apparently as part of a move to bring everything related to smart homes and smart home devices under its wing while expanding into new markets.
Nest devices will be shunted over to home security and automation firm ADT, in which Google will invest $450 million.
"Together we aim to create the next generation of the helpful home — based on new security solutions that will better protect and connect people to their homes and families," Rishi Chandra, VP and GM, Nest, stated in announcing the tie-in with ADT.
Google will "combine its Nest devices, services and technology with ADT's leadership position providing security solutions for millions of homes and small businesses in the United States," Chandra noted. Over time, Nest devices will "become the cornerstone of ADT's smart home offering."
The consolidation began when Google announced in May last year that it would end its "Works with Nest" program, which lets people control Nest products through other smart home apps, on Aug. 31, 2019, and transition users to the "Works with Google Assistant" platform.
The fact that Google "can suddenly decide to sunset a cloud API that hundreds of IoT devices have been talking to for less than five years is a bit disturbing," Jason Perlow wrote in ZDNet. "It means that the idea of mixing and matching products for home automation — the very premise of what IoT and the smart home was supposed to be — is a farce."
All About the Benjamins
For other smaller smart home device makers or those new to the industry, it was a question of economics. Wink Labs was losing money offering free access to its servers, while Lowes found the smart home device line not as profitable as it had expected.
Manufacturers may in some cases be forced to shut down their product lines abruptly because "given how tight margins are in some smart home device segments, most smart home device companies may not know they need to craft an exit strategy until the very last minute," Strategy Analytics' Narcotta pointed out.
Still others, like Belkin and Best Buy, may have found that providing cloud-based access for their smart device products was not worth the time, cost, need for technical support and effort required.
Replacing discontinued smart home devices is not all that difficult or costly, Narcotta remarked. "Just download a new app, connect the new devices to your in-home WiFi, and the only difference may be the logo on the devices. You're replacing devices that cost $20-25 per unit, not ripping out an entire home security system or HVAC solution."
Consolidation Inevitable
True, but these days, with unemployment rising, money tight, and the stress of working from home, consumers are likely to react strongly to anything that makes things more difficult for them, as shown by users' reaction to the announcements by Wink Labs and Belkin.
Market consolidation "is inevitable, and eventually most consumers will gravitate towards one of the larger brands, which in time could also become managers of smaller brands," Narcotta noted.
Amazon will likely follow Google's lead "with a similar investment, or even acquisition, in the next 8 to 12 months," he said.
"However, there will always be room for innovators — smaller companies that find a gap to fill in the portfolios of the larger ones."
Establishing a Common Standard
One of the problems smart device makers currently face is the plethora of different communications standards in the market.
"Bluetooth, Z-Wave, ZigBee, Thread, Propriety, and WiFi all compete to deliver connectivity in a host of smart home devices — often side-by-side in the same device," ABI Research states. "Each has features and ecosystem drivers that can appeal to specific OEMs, systems providers, and consumers requirements."
Amazon supports the ZigBee in one of its Alexa offerings while Google Nest leverages its own Thread protocol to communicate within the home to sensors and other devices, but both also rely on WiFi and Bluetooth for their primary functionality, according to ABI Research.
However, in Asia, Bluetooth will increasingly provide connectivity from voice control front-end devices to an array of smart home sensors around the home, leveraging Bluetooth Mesh and fueling additional protocol complexity for an array of smart home sensors.
New and reengineered wireless protocols will be available to players between 2020 and 2024, and a shift towards a more standardized approach is under way, noted Jonathan Collins, smart home research director at ABI Research. Until then, 802.15.4-based offerings will lead the market.
A more standardized approach could restore the original intent of the Internet of Things — the ability to mix and match home automation products.
Richard Adhikari has been an ECT News Network reporter since 2008. His areas of focus include cybersecurity, mobile technologies, CRM, databases, software development, mainframe and mid-range computing, and application development. He has written and edited for numerous publications, including Information Week and Computerworld. He is the author of two books on client/server technology. Email Richard.
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