November 2008

OK, OK, this is not my blog post title. It’s the title of a post by Professor D. Daniel Sokol over at the Antitrust & Competition Law Policy Blog. He provides ten reasons in support of this statement, but undermines his argument (which I hope is at least a bit facetious), by stating that tax law is second. (Not, not, not.)

Of course, he shows what a nerd (wonk?) he is by not only listing the ten reasons from 1 to 10 (rather than in reverse, à la David Letterman), but failing to inject even the slightest bit of humor into his post. Antitrust lawyers aren’t known for their sense of humor or for humility.

As an antitrust aficionado myself, I am inclined to agree with him. I certainly did when I was in law school.… Read the full article

Our AG Before the Supreme Court

by Lee Gesmer on November 12, 2008

Are state forensic laboratory reports prepared for criminal prosecutions testimonial evidence? If they are, they are subject to the Confrontation Clause of the U.S. Constitution (“in all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him”), and the lab technicians behind them may be challenged under cross examination. If not, well ….

This was the issue before the Supreme Court on November 10th, when Massachusetts Attorney General, Martha Coakley (wiki page here) argued for the Commonwealth in Melendez-Diaz v. Massachusetts.  It’s worth noting that for the most part, state attorneys general (who are essentially administrator/politicians) rarely represent their states before the Supreme Court, although it’s not entirely unheard of.

Lyle Dennison on ScotusBlog summarized the arguments as follows:

Justice Anthony M. Kennedy’s reputation as a “swing” vote in the Supreme Court is well known, and frequently validated. It is not often, though, that the tendency to swing is evident as early as the oral argument in a case.

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Larry Lessig REALLY Can Do Powerpoint

by Lee Gesmer on November 11, 2008

I’ve never been captured by Larry Lessig’s books, but once I stumbled on some of his online speeches and Powerpoint presentations (he doesn’t use Powerpoint, so I’m using that term generically), and I realized that he was a zen master of this art form (and it can truly be an art form). Here’s a recent example – Lessig on McCain on Tech. (And another great (and earlier) example here).  Lessig’s presentation style is sometimes called the Lessig Method.

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A white paper written by my partner Joe Laferrera — New Data Security Regulations Have Sweeping Implications For Massachusetts Businesses– is embedded below (using Alternatively, click on the link.

New Data Security Regulations Have Sweeping

Get your own at Scribd or explore others:
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