From Alexander Reben’s all prior art (see also: all the claims).
Lon Fuller in Legal Fictions (379). “It is easy to say, ‘Fictions are makeshifts, crutches to which science ought not to resort.’ So soon as science can get along without them, certainly not! But it is better that science should go on crutches than to slip without them, or not to venture to move at all.”
From the kind of law professor we should all hope to have, or should all strive to be: Premise: You are not paying for my opinion. Critique: You are not paying me to pretend I don’t have one. Premise: There is something called “Law” that is objective, fixed, and detached from and unaffected by the […]
“Paradoxically, the better a metaphor is, the worse this kind of problem threatens to become … a good metaphor may be so compelling that it altogether subverts its referent’s original meaning. No longer recognized as a metaphor, it redefines truth on its own limited terms.” From Bernard J. Hibbitts, “Making Sense of Metaphors, Visuality, Aurality […]
Imagine a world where judges always wrote and worked with empathy. From R. v. Armitage:  If I could describe Mr. Armitage as a tree, his roots remain hidden beneath the ground. I can see what he is now. I can see the trunk. I can see the leaves. But much of what […]
Every time they kick this robot I feel a really vivid emotional reaction, like it’s vulnerable and needs protection. It makes me think about Kate Darling‘s work: “This effect already comes into play when objects are not specifically designed to evoke these feelings. For example, when the United States military began testing a robot that defused landmines […]
From Joseph Alfred v. Walt Disney Co. This matter is before me on the Defendants’ motions to dismiss a complaint sounding in contract, filed by the Plaintiff, Mr. Alfred, pro se. That Complaint is remarkable. It is in my experience a unique example of the pleader’s art. It cites to the epic of Gilgamesh, Woody Guthrie, the […]
John Frank Weaver‘s Artisanal Attorney: “How is an artisanal attorney different from any other attorney? Like other artisans, I pay close attention to my ingredients and process; I am intimately involved in all stages of creation. Other attorneys print their documents on paper they buy in mass-produced boxes, tens of thousands of sheets at a […]
Columbia, Gender Issues in the College Classroom. Put the ponytail on the other one.
I don’t have the luxury of writing notes by hand anymore — the time it would take to digitize the volumes of notebooks I’d produce would just be overwhelming. So, I’ve switched to typing in lectures, sacrificing quality for the Command-F function. There’s still something so beautiful about reading someone else’s handwriting though. May I ask […]