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A gross oversimplification of the English common law system is that the law aims to punish evil and protect property. More often than not this gets shunted into the categories of criminal and civil law. In the age of monarchy and feudal obligations, the legal profession was relegated to an even smaller minority of literate people. Often times this minority was composed of clerics from which we get the word “clerk.1” The legal system was extremely formalized and even minor derivations from the prescribed form may result in a case being tossed out. The power of the law…
Examining the etymology of a word can reveal a lot about the relationships it has with other ideas. If you’re in a relationship, a significant milestone is meeting the parents of your romantic partner. As you get to know your partner’s parents you learn more about your partner. Likewise, a word is born from a specific cultural and historical context. How a word has been shaped and changed over time can also give clues about the values and ideas informing the context we currently inhabit. The word equity (n.), like most of our legal words, comes to us from Latin…
I. Introduction There is a crisis of attention according to Matthew Crawford. Today, it’s a well-worn cliche that we are in an age of ever-increasing distraction. Many, if not most of us start on tasks only to be interrupted by a series of distracting notifications or internal itches to look at social media or other digital enticements. Those of us in the legal profession have a special obligation to make sure we pay attention to what is relevant. The purpose of this blog is to understand this new digital beast we find ourselves on. Ultimately, the food of this…
Environmental Law is predicated on the assumption that the government can effectively motivate its citizens to perform or abstain from certain activities. The question is how incentives and punishments should be used to achieve and ensure the greatest effect. There is evidence to suggest that excessive reliance on the threat of punishment alone is not only insufficient but counterproductive. Furthermore, without having clear metrics, it is unreliable to use any mixture of deterrent or incentive. This is especially true for the transportation sector. The US EPA and other state and local regulatory agencies do not have sufficient resources to thoroughly…
This is a summary of the 5G conference that took place on February 28, 2020, at the USD school of law. What is 5G? 5G is the next generation of wireless communication technology systems or “ecosystem.” It promises three improvements: (1) Speed (2) Bandwidth (3) Latency. What is the difference between speed, bandwidth, and latency? If you imagine the internet as a series of interconnected highways you can think of the connections in terms of roads. The bandwidth or density is akin to the number of lanes. It is the measurement of how many cars can fit on the highway…