Lagniappe: an unserious blog
New official photo
Tanner, thinner, and a more aerodynamic haircut, courtesy of Slim's razor. Still need to lose a lot more weight, though.

Separately: my latest piece for Class Action Watch.

At some point, the webcast for the Supreme Court Briefing will be posted in the next few days, and I am told that I largely avoided filler syllables.
Scranton
I'm rather surprised that real-life Scranton is even more sterile than the "Office" version, as it is without a Chili's, a Hooters, or a Benihana. Not that I'd want to go to any of those places, but even Interlaken has a Hooters.
(not actually recommended)
Build your own paraglider.
But she is more photogenic
Slim's paragliding photos came out much better than mine did.

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  1. But she is more photogenic
  2. Switzerland
Resuscitating an old hobby
Strangely, though it was long an idiosyncratic domestic fantasy of mine that I would sit with my partner and do the Times crossword together—so much so that for years my Internet-dating personal ad name-checked Eugene Maleska—I hadn't broached the possibility with Slim in the nearly two years we've been dating, probably because the eight previous years of dating was absent of anyone up to the task and I had largely forgotten about it. So it was a pleasant surprise picking up an International Herald Tribune in Switzerland for a long train-ride, tackling the crossword puzzle for the first time in years after running out of articles to read, and discovering that Slim and I could complete the Thursday (and then the Sunday) puzzles together, and now we're doing a puzzle almost every night.

On the same train-ride, Slim belittled my use of sudoku to pass the time, but within 36 hours, she'd expropriated my book and ended up spending most of the sixteen-hour trip home working on puzzles.
Chicago Federalist Society event
I'm speaking in Chicago Thursday evening.

Start: Thursday, September 20, 2007 5:00 PM
End: Thursday, September 20, 2007 7:00 PM

Location:
The Tower Club
Chicago Lyric Opera House
20 North Wacker Drive, 39th Floor
Chicago, Illinois

Speakers:

Theodore H. Frank, Resident Fellow and Director of the AEI Liability Project , American Enterprise Institute
Paul Bland, Trial Lawyers for Public Justice

Class action litigation has increased in recent years, and the courts are increasingly being flooded with such cases. The vast majority of cases reach settlement upon agreement by the parties before the case goes to a jury for deliberation. In recent years, there has developed the phenomenon that after the parties have agreed on the terms of a settlement, the trial judge, or an appellate court, has nonetheless vacated the agreement on the grounds that it fails to adequately compensate the plaintiffs.

Our panel will discuss the role and ethical considerations of counsel in negotiating such agreements, and of the courts in presiding over and reviewing such agreements.

Registration details:
There is no charge for this event. Please RSVP as seating is limited.
RSVP TO chicagofederalistsociety@yahoo.com.

Dinner will be served.
Switzerland
So Slim and I went paragliding in Interlaken today (photos to be posted in a week or so). As the van takes a group of five customers up to the top of the hill, the leader explains that we'll each get to pick our tandem pilot.

I consulted my inner economist. "I want the one with the gray hair," I said.

The pilot, Robi, gave me a form. "Regulations. Just like any air flight, we need to have the name and destination recorded. The liability is just like Continental Airlines," handing me a ticket to sign. I read the back, expressly disclaiming that Air Transport laws applied, and stating maximum liability would be 72,500 francs. And since it's Switzerland, the law of contract is probably respected, so that's a real waiver. Fair enough--if I do not fly, so much as plummet, my ability to recover in civil court is perhaps the last thing on my mind. My pilot has plenty of economic incentive to land safely such that civil liability does not add much at the margin. And Coase teaches us that the limited liability permits the price to be as low as it is. I accept the benefit of the bargain, and assume good faith that the professional paraglider is just unfamiliar with the nature of the forms rather than trying to snow me.

The fact that I'm posting suggested that I survived. But I'm pretty confident that one is not supposed to bounce on the side of the hill during takeoff. (Slim, whose launch was after mine, reports that one of the other pilots crossed himself at the time.) And, hey, fun.

Switzerland as a whole has been, if not quite disappointing, not quite wondrous, however. Nothing really wowing in the museums, and I'm not the Hodler fan Slim is, so my patience with Swiss artists is usually exhausted a couple of rooms into an art museum. (Did see a nice Lichtenstein in Zurich.)

Everyone talked up the food, which, other than some remarkable hot cocoa in a hotel in Zermatt (which, in any event, was from a mix--I bought a kilogram's worth), has been mediocre. "Rosti" appears to be German (French?) for "fifteen-dollar hash browns." Fondue is fun, but only for about a third of a meal, and wasn't notably superior to my American experience nineteen or so years ago, and I can quite likely go another nineteen years without having fondue again. Everything is bland, including the sausages.

Even in Zurich, when we asked ourselves what Tyler Cowen would do, Slim and I went off the beaten track to a little-traversed, and probably sketchy, ethnic neighborhood, where we stopped at the eighth doner kabob shop we saw, and had a mediocre doner kabob. So much for competition. And something in my genes makes me anxious when I'm on a train with a bunch of German-speaking people; I keep waiting for the shouts of "Achtung! Juden!" Zermatt had beautiful scenery, and I broke my personal land-height record at the top of the Klein Matterhorn. And I did enjoy the parasailing. But nothing here is going to make me want to come back, the way I felt about London or even Paris.

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In the Chicago Tribune
I think this is the first time I made this paper; a lengthy piece by Ameet Sachdev in yesterday's Chicago Tribune grants me a soundbite:
"This is a very inefficient way to get Pfizer to donate money to charity," said Ted Frank, a resident fellow at the American Enterprise Institute, a conservative think tank. "The lawyers got $20 million to give $20 million to charity. That's a pretty big commission."

I've written at greater length about the problems of cy pres.

Separately, I have an Overlawyered post on automobile warnings that I'm pleased with (it got an Instalanche), and it has safety tips, too!

Today's copyright violation
With over 14 million views, I'm surprised this (via Newmark) didn't make its way to Slim's blog yet. Snape fans with a taste for the silly should see it before lawyers get it taken down.
job opening
Is it wrong that there are mornings when I think it would be cool to be an appellate prosecutor in Boise? Cheap housing, good work putting bad people away, business trips to San Francisco and Pasadena, libertarian governor, good climate once global warming sets in, short flight to Las Vegas... Of course, David Lat quit a similar job in New Jersey to be a blogger/writer/pundit, so I am perhaps idealizing.

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Upcoming ABA CLE appearance
Perhaps ironic, given there are those who complain that I am biased against the ABA, but I am one of three panel participants in an ABA CLE teleconference course taking place October 17. I'm also interviewed in the related ABA Journal article appearing in the October issue.
Never trust a documentary
Slim and I saw "King of Kong" with Shani and Dave. And, now the rest of the story (spoilers):
  • Mitchell and Wiebe played head to head in 2004 in a San Diego tournament. [MTV News]

  • Wiebe's wife was "was ready to throw the machine off a cliff." [New York Magazine]

  • Mitchell's videotape, sent to Funstop, wasn't counted as a high score; Twin Galaxies revoked it a couple of days later. Mitchell says he didn't play Wiebe in Hollywood because he hadn't played for six months and was out of practice. (Of course, he loses sympathy when he murmurs of hopes lawyers would seek him out to bring a lawsuit.) [MTV News]

  • If one is going to have record-keeping, it's not entirely crazy to have verification procedures: like most arcade games, Donkey Kong has dip-switches, and four of the dip-switches affect difficulty of play.

  • Mitchell isn't a referee for Donkey Kong scores. [Steve Sanders @ EFilmCritic]

  • And, oh, by the way, Mitchell has beaten Wiebe's high score again. [MTV News; Twin Galaxies; Twin Galaxies]

  • Mitchell seems to do his share for charity, but that restaurant appears to be inherited family business. [Twin Galaxies; Rickey's Hot Sauce]

I liked the movie when I saw it, but now I'm feeling kind of manipulated—with 400 hours of footage, and unlimited access to music, it's invariably possible to put together 90 minutes that tell a story different from what happened if doing so makes a better arc, but it's still nauseating when you learn you've been taken. I do feel bad for the people who made Chasing Ghosts, as I suspect that the market for documentaries featuring Walter Day is rather saturated now. (ObWikiGroan: former solicitor general Walter Dellinger vs. Walter Day.)

There's Internet babble about a fictional adaptation of the documentary that has achieved Wikiality, but reading the source shows that it's wishful thinking that Johnny Depp and Nathan Fillion would reprise the real-life leads. I can't imagine any agent would let either make the movie, much less a studio greenlighting something that required people to be paid.

But there really is a Roy Awesome, and some of the scenes in the movie appear to come from this longer NSFW interview.

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City living
I've been saying for a few years now that the comparative advantages of living in a big city compared to a small town have been substantially narrowed by the Internet, and this Virginia Postrel post makes the same point.

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Glass update
I played in a small-stakes poker game in 1995 where one of the participants was Stephen Glass, who went on to have a spectacular rise and fall. Vanity Fair reports that he is today working as a paralegal in Los Angeles, and doing standup monologues at Un-Cabaret, where an ex of mine has also performed. Small world.
The early adopter tax
If you bought your iPhone less than fourteen days ago, you can get your $200 back from Apple. If you bought your iPhone fifteen days ago or more, well, that's the cost of being the cool kid on your block. Me, I'm still not buying an iPhone.

Update: Hee!
Dinner
Liberally spray non-stick frying pan with no-stick cooking spray for two seconds. Chop one medium onion into slices, heat at high. Add 1/4 tablespoon of chili powder over onion, plus garlic and black pepper to taste, stir. As onion begins to brown, lower heat to medium, and add 1/2 cup of Lightlife Smart Ground veggie crumbles. Heat for five minutes, add 1/2 tablespoon cumin, stirring. Remove from heat, scoop into bowl, add 3 tbsp of spicy chunky salsa. (Optional: add non-fat Greek yogurt as a sour cream substitute.) Serves one when Slim is working late.

Calories: 180
Fat: 1.5 g
Sodium: 640 mg
Potassium: 685 mg
Carbs: 22 g
Fiber: 6 g
Sugars: 8 g
Protein: 19 g
Wherein Wikipedia says I defy the laws of space and time
Not only did I write a book when I was ten, but I wrote a law review article before I was born.

Theodore D. Frank is surely annoyed enough that for over a year I got credit for TDF's donations to John Kerry, and that the ABA kept sending me his mail, so I really worry how mad he must be that Wikipedia is giving me credit for his law review comment now.

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  2. Wikiality III, or overcoming bias
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Too good to leave in the comments section
From Esquiver's blog:

E to K: "Honey, do you think I could be less homophobic?"
K (with a surprising amount of tetchiness): "Not without abandoning your thin pretense of heterosexuality, no."
press release
AEI and National Legal Center for the Public Interest Establish New Research Center on Legal and Constitutional Issues

FOR IMMEDIATE RELEASE: Tuesday, September 4, 2007

American Enterprise Institute president Christopher DeMuth announced today that the National Legal Center for the Public Interest (NLCPI) has been merged into AEI, forming a new research division named the AEI Legal Center for the Public Interest (AEILC).

The National Legal Center for the Public Interest was founded in 1975 to foster knowledge about law and the administration of justice, especially with respect to individual rights, free enterprise, property ownership, limited government, and a fair and efficient judiciary. It has pursued its educational and intellectual missions through publications, conferences, and the annual Gauer Distinguished Lecture in Law and Public Policy, which will continue at AEI. Further information on the NLCPI is available at its website, www.nlcpi.org.

The American Enterprise Institute has conducted similar work for many decades as part of its domestic policy research program. AEI’s research staff has included such eminent legal scholars as Robert H. Bork, Robert A. Goldwin, and Antonin Scalia. It currently sponsors work on legal and constitutional issues by resident and visiting scholars such as Walter Berns, John R. Bolton, Theodore (Ted) Frank, Jack Landman Goldsmith, Michael S. Greve, Peter J. Wallison and John Yoo as well as adjunct scholars including Richard A. Epstein and Jeremy Rabkin.

The new AEI Legal Center for the Public Interest will pursue an expanded program of research, publications, and conferences drawing on the traditions, interests, and people of both institutions. The AEILC will be directed by AEI resident fellow Ted Frank (www.aei.org/frank), who has been director of the AEI Liability Project for the past two years. Mr. Frank clerked for Judge (now Chief Judge) Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit and, prior to joining AEI, practiced law with Kirkland & Ellis and O’Melveny & Myers in Washington, D.C. He writes AEI’s Liability Outlook and is a frequent contributor to several national publications and websites, including The Wall Street Journal and PointofLaw.com.

The AEI Legal Center’s website, www.AEILegalCenter.org, part of AEI’s constellation of more than a dozen websites, will feature publications, event notices, and conference and lecture videos and will incorporate the archives of both the NLCPI and AEI’s legal research programs. The NLCPI is being fully merged into AEI and will discontinue separate operations. Several of its directors and legal advisers will join a new AEILC Legal Advisory Council.

The AEI Legal Center has already planned several conferences, seminars, and publications for the coming fall. On September 28, it will host a Supreme Court Briefing, to be held annually at the beginning of the Court’s October Term; the September 28 session will focus on longstanding interests of AEI and the NLCPI that are attracting increasing attention from the justices—corporate law, antitrust, administrative law and regulation, intellectual property, and preemption and other federalism issues. Two additional AEILC seminars will concern cases of particular importance on the High Court docket: a September 27 session on Medellin v. Texas and an October 5 session on Stoneridge v. Scientific-Atlanta. The Center’s first seminar, on September 25, “Patent Reform, Biotechnology, and Other High-Technology Industries,” will concern important aspects of the Patent Reform Act currently pending in the Congress. Further information on these sessions is posted at www.AEILegalCenter.org. ...