Bad things.

The news is full of bad things right now. I have a bunch of articles that my students have sent me recently (so much interest! so engaged!) that I want to share, but I am having trouble finding it appropriate. I grew up in New York, and now consider myself a Bostonian after living here for 13 years. I am having all the same terrible feelings this week as I did after 9/11. Aside from the obvious sadness for lost of life and limb, I am so angry at the loss of innocence.

As I have told you all many times, Patriots Day is the best day of the year here. It is like a little secret holiday, a celebration of spring, and athletics, and challenging yourself, and the role this area played in creating this country. When I used to practice law I was always on the phone with lawyers in other parts of the country, and they never understood why we had this random Monday in April off. (Technically I was usually there working, but the office was closed. That’s another story all together.) It is super frustrating to now have an ugly scar on our day, although I know we will push through and celebrate again.

And so, we move forward. I thought that this article about why people do bad things might be the only article I could bear sharing today. It summarizes lots of interesting research about why good people do bad things. I can’t help the evil people that set those bombs on Monday. But there is hope that we can live our best lives, and follow our values, if we pay attention to these pitfalls that trip the good people up. I choose to focus on the good people today.

I’m Watching You.

Imagine if I not only knew whether you did the assigned reading for class, but which passages in the book you paid attention to, and which you skimmed. I would have complete knowledge of who is prepared, every day.

The horror!

Interestingly, many professors are starting to use an e-book coupled with software that compiles this information for the professor. As described in this New York Times article, CourseSmart, a Silicon Valley start-up, is the first company to not only track use of the e-book, but to compile this information about individual students and send it to the professor.  I know what my reaction is to this idea, but I was really curious as to what students thought about it.

On one hand, anything I can do to assess what is being understood by students, and focus our class time to explain the things that aren't being understood, is helpful. It seems to me that this software is something different altogether. It truly is, "Big brother" but I doubt the good intentions part. I really want my students to be prepared. You learn more in class if you have read before hand, and class discussion is more interesting, fun, and enriching if students have prepared. Yet, my general philosophy on my students' education is that it is just that: your education. By the time you get to college, you are on your way to being a grown up. If you don't want to learn much in my class, that is your choice. Your grade will reflect your lack of effort, but I do not take it personally. It is your education, your opportunity. Don't misunderstand my philosophy for indifference or apathy. I may be laid back in some ways, but I try really hard to help students. But ultimately students' time in college is what they choose to make it, no matter how motivating, accessible, or inspiring I try to be.

So, I am not sure what I would gain from this software. If I knew how much you actually read, or didn't read, I might be disheartened and frustrated. But I am not sure I would "punish" anyone for not reading enough. It seems to be treating you like 3rd graders that lose recess for not doing homework. And in my mind, if you aren't reading on a regular basis, you are already being punished by wasting a heck of a lot of money.

What do you think about professors monitoring your homework?

What do they know about you?

In what may be one of the greatest generational gaps of our time, I find it completely creepy that websites like Facebook and Google collect information about me and my life, and use it to sell me stuff. And my students don't seem to care one tiny bit. Or they just don't want to talk about it in class. I wish my desire for privacy was driven by a really cool secret life that I am trying to hide, but it isn't. I simply don't like the idea of strangers (or more accurately, strange computers) in a room somewhere deciding which ads to show me based on my online shopping that week.

At least a few people in California agree with me. A bill has been proposed in the California legislature that would require companies like Facebook and Google to disclose to users what personal information they are collecting, and with whom they share that information. The online companies are not happy, and are opposing the bill. The companies argue that the law is too broad and will create more litigation.  Apparently the law would put California in alignment with Europe's privacy laws, which require that online companies disclose what information they collect.

There is no doubt that the laws need an update. As the article mentions, the current law was targeting telemarketing, and was passed at a time where Facebook was just a glimmer in Zuckerman's eye. But is this the best direction for the law to take? I am curious, does anyone in your generation care about online privacy?

The Tyranny of the Cell Phone Contract

All my students know that I hold cell phone and cable companies in a special place of dishonor because of the apparent unfairness of the contracts that we all sign with these companies. It seems half my paycheck goes to pay for my cell phone and TV, but like the rest of you, I could no sooner give up my iPhone than stop going to Starbucks.

One of your classmates sent me this great article about a bold and risky move by T-Mobile to disrupt the cell phone industry. T-Mobile is doing away with the oppressive two-year contract. Typically, you repay the cost of your phone in addition to paying for the service, but then keep paying the same high monthly fee for the rest of eternity (or two years). T-Mobile will now offer the option to pay more for your cell phone, but then pay a lower monthly rate, with no long term obligation. The company is also doing kind things like letting you go down to a slower internet speed once you use up your monthly data, rather than paying so much extra, and eliminating voice prompts that take up air time.

Of course the reason T-Mobile can or has to take all these radical steps is because it is in last place in the industry. I could care less why they do it (take that, Kant!); I just want the company's disruptive choices to put pressure on the big carriers to make the same changes. Today, I love T-Mobile. My favorite line from the article: "Someone should organize a parade."

Interesting thoughts on college admission.

I thought this op-ed piece in the times eloquently raised the issues of fairness and real diversity that have come up in our discussions about affirmative action. The author points out how poor rural smart students have as many obstacles to overcome as racial minorities, or perhaps more.

Cheap Beer in the Developing Markets

It appears I could write an entire blog this semester on beer and dogs. Not sure what this says about the state of our world, but nonetheless, here is another fascinating article about beer. This time, the Wall Street Journal reports how big beer companies are racing to get market share in developing nations, specifically in poor areas in Africa. Although people in these nations may make as little as $2-3 per day, their incomes are increasing. To increase market share, beer companies are selling inexpensive, high alcohol content beer (sounds like a college student's dream, really). This allows beer drinkers to buy and drink more.

The governments are actually encouraging all this beer drinking, believe it or not. Many are offering significant tax breaks to these companies, by lowering the taxes on the beers sold. The companies were able to convince the governments that selling their beer in those countries increased farming jobs locally because of locally sourced ingredients, and beer is a healthier alternative to the bootleg liquor otherwise consumed.

This is an interesting example of large multinational corporations that have tapped out the Western markets (get it, "tapped out") and need to expand their customer base globally to continue growth. I am all for corporate growth, but a similar business strategy (pressure to make numbers forced Wal-Mart to look to developing markets for growth) is what got Wal-Mart into so much trouble in Mexico for bribery. Of course companies can expand globally without breaking the law or violating their ethical standards, but certainly the idea of pushing lots of cheap beer into developing nations has to raise questions about ethics, particularly because of health concerns. If you were the CEO of a beer company (imagine the perks!), would you be comfortable implementing this strategy?

More on Dogs.

As we discussed in LA245, the Supreme Court issued its second dog decision this term this week. In the case, the Court ruled that it is unconstitutional to use a dog to sniff outside a home without a warrant. Completely contrary to the Court's decision on dogs sniffing cars, the decision confirms the ultimate protection that the Court provides the home.

I wonder if this is Franky, the dog at the heart of this case?

I Hate Winter.

I don't know why I live in New England, because I hate winter. I hate the cold. I hate the snow. I hate sleet. I don't ski. I hate ice. I hate winter coats, hats and gloves.

And so, on February 2 of this year, when the World's most famous Groundhog, Punxsutawney Phil, came out of his little house, and failed to see his shadow, I was ecstatic. Early spring! No long winter!

And we all know what happened next. Storm after storm, inch after inch, the snow piled up throughout February. And then throughout March. We are supposed to get more snow tomorrow night.

Enough is enough, said the people of the great state of Ohio. They have indicted Punxsutawney Phil for misrepresentation of spring. Apparently this is a crime in Ohio. If it isn't a crime in your home state, it should be. To intentionally mislead people, give them false hope of warmth and sunshine, is among the most cruel crimes one can commit. I am not sure if Ohio's prosecutors intend to hold a trial. It is unclear whether groundhogs have constitutional rights, so all of the procedures we discussed in class may be out the window.

All that remains is to determine the appropriate sentence for Phil. What shall we do to the little vermin?

More on Same-Sex Marriage

Next week the Supreme Court will hear argument on the historic case regarding Prop 8, the amendment to the California Constitution that banned same-sex marriage. The lawyers arguing against Prop 8 represent an interesting "marriage" of sorts: David Boies and Ted Olson. Boies is a liberal Democrat, well known for many important cases, including representing Al Gore in Bush v. Gore, the case that decided the presidency in 2000. Olson actually argued against Boies in that case, representing George Bush. It is a unique and powerful combination of lawyers that more often argue against each other.

The pair are more optimistic than most about their likelihood of success in the Prop 8 case. Here is a video of an interview with Boies in which he predicts a better than 5-4 win. For the record, I think they are going to win too.

The Meaning of Marriage.

Recently my class spent a lot of time discussing the meaning of marriage, which is at the core of two Supreme Court cases regarding same sex marriage. Here in the United States, marriage is a legal, cultural, and religious term. Say "marriage" to ten different Americans, and ten different meanings will pop into their heads. You may all be too young to be on the wedding circuit yet, but sometime in the next ten years you will spend pretty much every weekend from May through September in a dress or suit, watching your friends take an oath of devotion and love. And every single wedding will be completely different; you will go to churches, temples, beaches, restaurants, and city hall. But all of the weddings will share a civil law component: before every party the couple goes to the local government to get a license. This license may be more magical than the wedding cake or first dance: it provides thousands of legal rights.

In contrast, in the Middle East, marriage is entirely a religious institution. This article is an interesting look at the efforts of a couple in Lebanon to be married without religion. As we in the United States grapple with the cultural and social change that comes with making same sex marriage legal, it is interesting to look at what marriage means in other parts of the world.