Pick a decade, any decade – and other end of year potpourri

Posted December 30, 2009 by Ken Hirsh
Categories: Uncategorized

The media is full of lists of the “_____ of the decade.”  Best movies.  Best TV shows.  Worst of each.  Political turning points.  You name it, someone has a list.  Which decade do they mean?  Apparently, the one ending tomorrow.  So, to be clear, not the first decade of the 21st century, but the decade that runs (or, as of Friday, ran)  from 2000 – 2009.  Yes, it’s time to remind ourselves of the same discussion we had ten years ago – believe it or not.  While many wondered what would happen to our computers when the calendar odometer turned over, we calendar purists were reminding everyone that the third millennium would not begin for another year, on January 1, 2001.  OK, let’s put that millennium term in perspective, too.  I mean the third millennium of the calendar that counts the years of the Common Era, estimated by Dionysius Exiguus as the “incarnation of Jesus Christ,” and using the months of the year named by the Romans and later modified by Pope Gregory to fix the leap year problem and settle the date of Easter.  After all, there are other counting systems extant, including the Hebrew (now 5770) and Chinese (now 4705 or so). Exiguus began counting with year “1,” not year “0,” so if one follows the logic that the first decade comprised years 1-10, then the last year of the second millennium was 2000, and hence the last year of the first decade of this millennium will be 2010.

But most of us find it easier to think of time the same way we watch our car’s odometer turn from 9 to 0.  So we name our decade after the tens place – the roaring twenties, the fabulous fifties.  What alliterative adjective should we apply to the “aughts?”  Maybe in the U.S, we could call it the “xenophobic zeroes.”

As for my New Year’s Eve, perhaps I’ll do something nostalgic, like get out our 10-year-old New Year’s Baby doll, which when you press its head shouts, “Welcome to the year 2000! Happy New Year!” It was quite the novelty a decade ago. As my typical day begins at 5:30 A.M., it will take some effort to make it until midnight, but I’ll give it my best effort.  This will be our first New Year’s Eve in our Ohio home, and we’ll be missing our daughters and their husbands at the stroke of midnight.

Since I’ve not blogged in four months and it is the end of the year and perhaps your decade, the time is ripe for some not-quite random commentary.

First, climate change deniers, and this means you S.P. and everyone at Fox News, here are two points to chew over.  First, since you are so eager to jump on some leaked email messages that discuss putting the best face on some arguably inconclusive data, where were you when the Bush administration flat-out lied about evidence that Saddam Hussein possessed weapons of mass destruction?  Second, yes, the earth does have cyclical long-term climate changes. Those can be seen when going through the geologic record.  But those cycles are that – long-term.  The changes in the last few decades (that term again) are like nothing seen in a period shorter than thousands of years in earlier eras.  And the only empirical difference between now and then is mankind’s influence on the environment, most notably more than six billion people burning fossil fuels at an accelerating rate.  There are not unusual levels of volcanic activity.  There has not been an extraterrestrial object impact like that thought by many to have led to the mass extinction 65 million years ago.  Just 150 years of ever-increasing emissions of CO2, and the conversion of forests and jungles to asphalt and concrete.  Mind you, I’m not claiming to be an innocent bystander – I’m as much of the problem as is anyone else.  But I don’t lie about it.  Or, maybe they aren’t lying, maybe they really are just stupid and ignorant.

Second, mainstream media, get some perspective.  A shimmering object floating across the sky that might have one person inside is boring after five minutes, would be sad for a family if it had not been a hoax, but really is not newsworthy.  The latest news about the Gosselins is not news, it’s gossip.  And Tiger Woods is entertaining only in that he serves as an abject lesson in how to destroy your unearned reputation.  (He did earn a reputation as a focused individual who is one of the best, if not the best, golfer ever.  But what evidence was there that he knows cars (Buick), managing technology (Accenture), or has a face that is particularly difficult to shave (Gillette)? ) Let’s focus on the things that truly affect thousands or millions of us – the economy, the lack of affordable health care, the wars.

Third, Susan Boyle, you sing well.  Enjoy what’s come your way.  Few can think of “Les Mis” without now hearing your voice.

Everyone, best wishes for a wonderful new year!

Calling them out on racism!

Posted September 4, 2009 by Ken Hirsh
Categories: Uncategorized

For the past few days the controversy de jour has been whether the President of the United States may deliver a short, and likely inspirational, speech on the importance of education to students in schools across the country.  Commentators and parents decry the idea has an attempt to “indoctrinate” school children.  Some parents are even going so far to state that they will keep their children at home – thereby denying them a day of education – rather than have them listen to the leader of our nation talk about the value of that education.  The flames of this controversy are being flamed by the usual suspects:  right-wing media nut Glenn Beck, Bill O’Reilly, and various Republican politicians.  It’s time for responsible journalists and citizens to call out those who raised this controversy.  The underlying reason is not a fear of liberal inculcation.  It’s the same reason that Beck promotes usurpation of a lawfully elected president of the United States.  The same reason that birthers try to raise a phony constitutional issue to his presidency.  The same reason “tea party” gun toters bring their weapons to health care town hall meetings.  It’s racism, pure and simple.  The people spouting this stuff are in denial that a black man was elected president.  The white parents who would keep their students home just don’t want a black man telling their children how to do better in school.  C’mon folks, let’s get it out on the table.  A minority, but a sizable enough one and a very vocal one, want “their country” back.  That’s the country that existed in the 1950’s and ’60’s, when George Wallace blocked the university door, when civil rights marchers were beaten by police, when only white families appeared on television shows.  Until we start talking about it, racists will continue disguising their animosity towards the president and his policies as “protecting my rights.”  Racism is not dead, and likely never will be.  Bringing attention to it in the 21st century is as necessary as it was fifty years ago.

A president who thinks talking to the nation’s students is as important as planning a war or meeting with foreign dignitaries is OK with me.

Five Nights, Four Days in Washington, D.C.

Posted August 4, 2009 by Ken Hirsh
Categories: Uncategorized

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Like more than 2,000 other law librarians,  I attended the annual meeting of AALL in our nation’s capital at the end of July. This was my 17th consecutive meeting, but it was unlike any other in one key respect: I spent most of my daytime hours in a hotel room with three colleagues, interviewing applicants for our two open positions. Over three days I met with some very experienced law librarians and some brand new law school/library school graduates. Frankly, I am impressed by the candidates we interviewed. For many years I have heard our association colleagues lamenting from where the next generation of law librarians would come. Based on our interviews, they are here and there is no shortage of well qualified new and experienced law librarians. Please wish us luck in winnowing down our list of candidates.

The AALL meeting is known as much for its evening social and networking events as it is for the generally terrific substantive programming. This year’s meeting proved no exception, with an opening event in the gorgeous Jefferson Building of the Library of Congress. For a sampling of other posts about the meeting, take a look at these: Meg Kribble at Biblioblawg, Vicki Szymczak and Joe Hodnickiat Law Librarians Blog. Some of the posts and comments indicate that more than a few members would like to see some changes in the organization and focus of the annual meeting.

Wrapping up the topic for now, Richard Leiter will be hosting a discussion of the annual meeting on his BlogTalkRadio webcast this coming Friday at 3 PM (EDT, I think).

On the Durham Statement

Posted July 14, 2009 by Ken Hirsh
Categories: Uncategorized

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In November a group of library directors from well-known and respected law schools, meeting in Durham, North Carolina on the occasion of the dedication of the renovated law library at Duke University, adopted the “Durham Statement on Open Access to Legal Scholarship.”  The statement calls on law schools to stop printing their journals and instead to make a definitive version of them available online in a stable, open format.  Correspondingly, law libraries should stop collecting law school journals in print.  It further calls on the schools to make all their scholarship available online in repositories which the school operates by itself or in partnership with others.  It is fair to say the statement has generated some controversy.  Richard Leiter has made an impassioned plea for the preservation of the printed journal.  As I explained to many of our faculty two weeks ago, I am a signatory to the Durham Statement, and feel obliged to give my reasons for being such.

First and foremost, I am a proponent of the open scholarship movement.  The movement’s aim is encapsulated in the Budapest Open Access Initiative. Quoting, “Removing access barriers to this literature [scholarly research publications] will accelerate research, enrich education, share the learning of the rich with the poor and the poor with the rich, make this literature as useful as it can be, and lay the foundation for uniting humanity in common intellectual conversation and quest for knowledge. “Open access” means “its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited.” Note that the statement is referring to literature “which scholars give to the world without expectation of payment. Primarily, this category encompasses their peer-reviewed journal articles, but it also includes any unreviewed preprints that they might wish to put online for comment or to alert colleagues to important research findings.”

Law schools are about the business of making new lawyers, but most law school faculty are also involved in the tenure process, and as part of that produce articles, preprints and other scholarly research. (This is not the only reason law scholars publish – most continue to do so after being granted tenure.  My point is that in academia law faculty publish scholarship as much as other faculty do.)  By committing to open access, law schools would move toward the goals enumerated in the Budapest Initiative.  (For another open access statement, see the Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities.)

Limiting law faculty scholarship to printed law reviews denies easy access, and in many cases free access, to students, other faculty, and the public. Without schools themselves undertaking to publish online, the commercial services Lexis and Westlaw, and later in the process Hein, would be the primary and often only source of online access to the journals and their contents. Those of us sitting in a law school may assume easy access to the printed journal in the law library, but that is not the case for the rest of the potential readers, and there is no longer a rational basis for a school’s undertaking the costs of printing whole runs in paper when making the journal available online can be accomplished at the same, or in many cases, a lesser incremental cost. On this point, see the Budapest Initiative and Brian D. Angell and Gabie E. Smith, “Print Versus Electronic: Editors’ Insights on the Costs and Benefits of Online Journals,” 24 Journal of Technology Studies 55 (Winter-Spring 1998).  I am confident that for most law reviews published by most American law schools, the journal is not a profit center.  The publication of the journal is part of the school’s scholarly and teaching enterprise, i.e., distributing scholarly writing of its and other faculty and providing its students with the opportunity to read and edit that scholarly writing.  Schools can accomplish these aims with exclusively online journals as well as they can with printed ones.  (My purpose here is not to argue the paradigm of law school journals being edited by students, as compared to the peer review found in most other disciplines.)

Turning to the part of the call to action that the journals be published in an “open, stable, digital” format, while there is not yet a general consensus that such a format exists, this may be changing.  “Open” means a non-proprietary technical means that is available for all to use without legal or cost restriction.  “Stable” means permanence, a reliability that we can read the item in the future using commonly available technology.  Ink on non-acidic paper is considered a paragon of stability.  “Digital” means electronic binary format as used in modern computing and networking.  HTML is an example of an open digital format.  Adobe’s Portable Document Format (PDF) format began as a proprietary one but became open when Adobe transferred the protocol itself and the responsibility for its further development to the ISO in 2008. On June 1, 2009, Paul Lomio, editor of the Columbia Science and Technology Law Review, declared that the review was now in compliance with the Durham Statement, by publishing in the “relatively open PDF format.”

The Durham Statement includes the call to publish “the definitive version” of the journal. Some are concerned about how a reader will determine which version of an article in multiple online locations is the definitive one, similarly to how fans of the original Star Wars trilogy may argue with George Lucas about which edition is the true canonical one. I believe that in general deference to the author is appropriate, but in the case of an article submitted to a journal, the journal’s editor decides which version the journal itself will consider definitive. Once that decision is made, the journal’s online version can readily declare it to be the definitive version, and a several methods for authenticating that declaration exist, including the use of the MD5 hash or x.509 certificates. See John Joergensen’s excellent discussion of this at the VoxPopuLII blog.

Richard Leiter, noted above, argues for the intrinsic value of the printed journal as an object. Regardless of such value, printed journals are largely sitting unread on library shelves. Most researchers search online and whenever possible look at the source document online. Those who want a printed copy of the journal can be satisfied by the publisher making print copies at cost, on demand, or the reader obtaining a digital copy and ordering a printed version from a commercial service. Simply put, bookshelves of unread copies of printed law journals paid for twice by law schools – once as the publisher and once by the library – is an anachronism whose time has passed. Let us urge our library and faculty colleagues and our students to bring law review publishing into the present century.

Tyler Cowen: “Autism as Academic Paradigm”

Posted July 13, 2009 by Ken Hirsh
Categories: autism

Tags: ,

Cowen’s article in the Chronicle of Higher Education explores both negative treatment of those on the autism spectrum and asks us to look at them with a more open mind.  Higher education institutions both limit them and benefit from their presence.  For one good look into a fictional autistic mind, read “The Curious Incident of the Dog in the Night-Time” by Mark Haddon.

The democratization of information media: we’re all royalty now.

Posted July 11, 2009 by Ken Hirsh
Categories: blogging

Tags: , ,

It seems appropriate to comment on the blog phenomenon and the web, in terms of giving thinkers/writers access to an audience. Earlier today Tom Bruce posted on Facebook a mention of a posting by Scott Rosenberg at Salon.com, excerpted from his book, “Say Everything: How Blogging Began, What It’s Becoming, and Why It Matters.”  I think Rosenberg has it right, but I’ll add a few words of my own.  In 1996 or so, after we had set up our web site at the Duke Law School, and before blogging came into its own, I remarked to my colleagues that the World Wide Web would be the great media equalizer.  Up to that point, to reach a mass audience you pretty much had to have millions of dollars, or even tens or hundreds of millions of dollars, to afford a major newspaper or broadcast station.  At that point the web let you do it with a server and software for a few thousand dollars, and today you can do it for virtually free.  Blogging, wikis, media sites like YouTube, have delivered on this promise of democratization of the information media – most of you have seen some Mentos dropped in a bottle of Diet Coke; the mainstream media has covered the amount of tweets and Facebook entries coming out of Iran since the election;  the web was buzzing about the death of Michael Jackson, beginning with the TMZ post.  Michael was called the “King of Pop,” Elvis “The King,” and Howard Stern has referred to himself as “The King of All Media.”  Forget them. We command the media.  We’re all royalty now.

About the name…

Posted July 11, 2009 by Ken Hirsh
Categories: Uncategorized

Thirty-five years ago, when I entered law school, “ipso facto” – the Latin phrase meaning “the fact by itself” – was already my favorite.  I think I’d heard it on a Perry Mason episode long ago.  During my first year of law school the phrase became synonmous with me; I even wore it on a favorite shirt.  It seems an appropriate title for this blog, where I hope the facts by themselves will lead me and any readers to draw conclusions.  On the other hand, I will go beyond facts because I am as opinionated as anyone else.  So if you are so inclined, please join me here on a regular basis.