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	<title>The Legal Workshop User Comments</title>
	
	<link>http://legalworkshop.org</link>
	<description>The Legal Workshop is a website providing a single online forum for cutting-edge legal scholarship from the top law journals in the country.</description>
	<lastBuildDate>Wed, 02 Dec 2009 04:36:50 -0800</lastBuildDate>
	
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		<title>Comment on The Structural Case for Vertical Maximalism by jwalden</title>
		<link>http://feedproxy.google.com/~r/legalworkshopcomments/~3/NuVUvyAqzeQ/comment-page-1</link>
		<dc:creator>jwalden</dc:creator>
		<pubDate>Wed, 02 Dec 2009 04:36:50 +0000</pubDate>
		<guid isPermaLink="false">http://legalworkshop.org/?p=1724#comment-45</guid>
		<description>The Constitution also suggests a hierarchy in which the central entity merely supervises its subordinates and allows them free reign except with respect to certain enumerated responsibilities: that is, the federalist model of a central government with the subordinate states.  It seems to me that an argument from the structure of the Constitution cuts both ways, if indeed it really cuts one way or the other.</description>
		<content:encoded><![CDATA[<p>The Constitution also suggests a hierarchy in which the central entity merely supervises its subordinates and allows them free reign except with respect to certain enumerated responsibilities: that is, the federalist model of a central government with the subordinate states.  It seems to me that an argument from the structure of the Constitution cuts both ways, if indeed it really cuts one way or the other.</p>
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	<feedburner:origLink>http://legalworkshop.org/2009/11/02/the-structural-case-for-vertical-maximalism/comment-page-1#comment-45</feedburner:origLink></item>
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		<title>Comment on Modernization and Lawlessness: A Reply to Professor Mitchell by sohbet</title>
		<link>http://feedproxy.google.com/~r/legalworkshopcomments/~3/E_WBjCkuxqc/comment-page-1</link>
		<dc:creator>sohbet</dc:creator>
		<pubDate>Sun, 22 Nov 2009 11:20:31 +0000</pubDate>
		<guid isPermaLink="false">http://legalworkshop.org/?p=1619#comment-44</guid>
		<description>Thank you very much for this useful article and the comments
________________
&lt;a href="http://www.sohbetbul.com" title="sohbet" rel="nofollow"&gt;sohbet&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>Thank you very much for this useful article and the comments<br />
________________<br />
<a href="http://www.sohbetbul.com" title="sohbet" rel="nofollow">sohbet</a></p>
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	<feedburner:origLink>http://legalworkshop.org/2009/09/28/1619/comment-page-1#comment-44</feedburner:origLink></item>
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		<title>Comment on Iterative Federalism and Climate Change by jwalden</title>
		<link>http://feedproxy.google.com/~r/legalworkshopcomments/~3/rGW5tcgwZ-0/comment-page-1</link>
		<dc:creator>jwalden</dc:creator>
		<pubDate>Tue, 04 Aug 2009 06:20:09 +0000</pubDate>
		<guid isPermaLink="false">http://legalworkshop.org/?p=1299#comment-32</guid>
		<description>This article, or at least this condensation of it (I have not read the article in its entirety), seems to ignore the elephant in the room: the quasi-monopsony power of California or of a ten-state compact.  If a business wished to deal with either (and presumably the largest would given the populations and quantity of consumers at stake), it had to conform there, leading to spill-over into other states simply because multiple production processes would be less profitable.  Once that step has been made federal change is more likely because those who have previously changed have an incentive to encourage more, to hurt their competitors who chose not to produce in either region.  With industry not standing in the way, perhaps also supporting, such policies have an easier time of being enacted.  The phenomenon at work here seems somewhat analogous to adverse selection, in that the more painful policy choices eventually result in the entire market being subjected to them.

I also question why section II mentioned only the positive effects of California's policy choices and not the negative ones.  Certainly it has had to spend more to enforce stricter standards.  It likely has deterred some businesses from expanding or forming, at the margin.  Fewer job opportunities might also predict a decline in state population, a decline happening today (although whether or not there is causality is a separate question).  Certainly these issues deserve at least some analysis in determining the overall effect of these policy choices, don't they?</description>
		<content:encoded><![CDATA[<p>This article, or at least this condensation of it (I have not read the article in its entirety), seems to ignore the elephant in the room: the quasi-monopsony power of California or of a ten-state compact.  If a business wished to deal with either (and presumably the largest would given the populations and quantity of consumers at stake), it had to conform there, leading to spill-over into other states simply because multiple production processes would be less profitable.  Once that step has been made federal change is more likely because those who have previously changed have an incentive to encourage more, to hurt their competitors who chose not to produce in either region.  With industry not standing in the way, perhaps also supporting, such policies have an easier time of being enacted.  The phenomenon at work here seems somewhat analogous to adverse selection, in that the more painful policy choices eventually result in the entire market being subjected to them.</p>
<p>I also question why section II mentioned only the positive effects of California&#8217;s policy choices and not the negative ones.  Certainly it has had to spend more to enforce stricter standards.  It likely has deterred some businesses from expanding or forming, at the margin.  Fewer job opportunities might also predict a decline in state population, a decline happening today (although whether or not there is causality is a separate question).  Certainly these issues deserve at least some analysis in determining the overall effect of these policy choices, don&#8217;t they?</p>
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	<feedburner:origLink>http://legalworkshop.org/2009/07/05/iterative-federalism-and-climate-change/comment-page-1#comment-32</feedburner:origLink></item>
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		<title>Comment on The Untimely Death of Bush v. Gore by mvymvy</title>
		<link>http://feedproxy.google.com/~r/legalworkshopcomments/~3/_2p449ftbgk/comment-page-1</link>
		<dc:creator>mvymvy</dc:creator>
		<pubDate>Mon, 20 Jul 2009 17:07:47 +0000</pubDate>
		<guid isPermaLink="false">http://legalworkshop.org/?p=1430#comment-31</guid>
		<description>The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC). 

Every vote, everywhere, would be politically relevant and equal in presidential elections. 

The bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes--that is, enough electoral votes to elect a President (270 of 538). When the bill comes into effect, all the electoral votes from those states would be awarded to the presidential candidate who receives the most popular votes in all 50 states (and DC). 

The National Popular Vote bill has passed 29 state legislative chambers, in small, medium-small, medium, and large states, including one house in Arkansas, Connecticut, Delaware, Maine, Michigan, Nevada, New Mexico, North Carolina, and Oregon,  and both houses in California, Colorado, Hawaii, Illinois, New Jersey, Maryland, Massachusetts, Rhode Island, Vermont, and Washington. The bill has been enacted by Hawaii, Illinois, New Jersey, Maryland, and Washington. These five states possess 61 electoral votes -- 23% of the 270 necessary to bring the law into effect.

See http://www.NationalPopularVote.com</description>
		<content:encoded><![CDATA[<p>The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC). </p>
<p>Every vote, everywhere, would be politically relevant and equal in presidential elections. </p>
<p>The bill would take effect only when enacted, in identical form, by states possessing a majority of the electoral votes&#8211;that is, enough electoral votes to elect a President (270 of 538). When the bill comes into effect, all the electoral votes from those states would be awarded to the presidential candidate who receives the most popular votes in all 50 states (and DC). </p>
<p>The National Popular Vote bill has passed 29 state legislative chambers, in small, medium-small, medium, and large states, including one house in Arkansas, Connecticut, Delaware, Maine, Michigan, Nevada, New Mexico, North Carolina, and Oregon,  and both houses in California, Colorado, Hawaii, Illinois, New Jersey, Maryland, Massachusetts, Rhode Island, Vermont, and Washington. The bill has been enacted by Hawaii, Illinois, New Jersey, Maryland, and Washington. These five states possess 61 electoral votes &#8212; 23% of the 270 necessary to bring the law into effect.</p>
<p>See <a href="http://www.NationalPopularVote.com" rel="nofollow">http://www.NationalPopularVote.com</a></p>
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	<feedburner:origLink>http://legalworkshop.org/2009/07/17/the-untimely-death-of-bush-v-gore/comment-page-1#comment-31</feedburner:origLink></item>
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		<title>Comment on Automating Contract Law: How Advances in Knowledge-Management Technology Can Help Transform the Empirical Study of Contract Law by jwalden</title>
		<link>http://feedproxy.google.com/~r/legalworkshopcomments/~3/y8PN0rO1UbU/comment-page-1</link>
		<dc:creator>jwalden</dc:creator>
		<pubDate>Tue, 14 Jul 2009 07:49:35 +0000</pubDate>
		<guid isPermaLink="false">http://legalworkshop.org/?p=827#comment-30</guid>
		<description>This summary and the full article include the following sentence:

"More recently, computers have become the undisputed champions in other arenas of the parlor—including Othello, Scrabble, backgammon, and bridge."

I was surprised to hear this of Scrabble, because I follow the scene fairly closely and play intermediate-level tournament Scrabble myself.  While the best programs out there (Maven, Quackle) are quite good, on par with the best human players at somewhere in the 40-60% success range (I don't remember what number I last heard for human successes), they are not currently "undisputed champions".  (Of course, the inherent randomness in Scrabble means that it's difficult to generalize from anything but extremely large numbers of games, because luck of the draw plays such a notable role in determining who wins the games.)  I was curious where the author found his information; the citation for this sentence is this article from The Economist:

http://www.economist.com/displayStory.cfm?story_id=8585017

Reading through, the only mention of Scrabble is in this sentence (which also happens to fit in the excerpt at the above URL):

"[Computers] are the undisputed champions in draughts and Othello. They are generally stronger in backgammon. They are steadily gaining ground in Scrabble, poker and bridge."

The article thus misstates its source's information.  It is correct that computers are the undisputed champions of backgammon (draughts) and Othello, but it is incorrect to say or imply the same for Scrabble and bridge, where they are merely steadily gaining (although in the case of Scrabble, I believe this is more a matter of computers increasing in power than of any breakthroughs in Scrabble-game playing by the programs).</description>
		<content:encoded><![CDATA[<p>This summary and the full article include the following sentence:</p>
<p>&#8220;More recently, computers have become the undisputed champions in other arenas of the parlor—including Othello, Scrabble, backgammon, and bridge.&#8221;</p>
<p>I was surprised to hear this of Scrabble, because I follow the scene fairly closely and play intermediate-level tournament Scrabble myself.  While the best programs out there (Maven, Quackle) are quite good, on par with the best human players at somewhere in the 40-60% success range (I don&#8217;t remember what number I last heard for human successes), they are not currently &#8220;undisputed champions&#8221;.  (Of course, the inherent randomness in Scrabble means that it&#8217;s difficult to generalize from anything but extremely large numbers of games, because luck of the draw plays such a notable role in determining who wins the games.)  I was curious where the author found his information; the citation for this sentence is this article from The Economist:</p>
<p><a href="http://www.economist.com/displayStory.cfm?story_id=8585017" rel="nofollow">http://www.economist.com/displayStory.cfm?story_id=8585017</a></p>
<p>Reading through, the only mention of Scrabble is in this sentence (which also happens to fit in the excerpt at the above URL):</p>
<p>&#8220;[Computers] are the undisputed champions in draughts and Othello. They are generally stronger in backgammon. They are steadily gaining ground in Scrabble, poker and bridge.&#8221;</p>
<p>The article thus misstates its source&#8217;s information.  It is correct that computers are the undisputed champions of backgammon (draughts) and Othello, but it is incorrect to say or imply the same for Scrabble and bridge, where they are merely steadily gaining (although in the case of Scrabble, I believe this is more a matter of computers increasing in power than of any breakthroughs in Scrabble-game playing by the programs).</p>
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	<item>
		<title>Comment on On eBay and Big Boy Letters by richeethepinhead</title>
		<link>http://feedproxy.google.com/~r/legalworkshopcomments/~3/US2kYoQA_AE/comment-page-1</link>
		<dc:creator>richeethepinhead</dc:creator>
		<pubDate>Thu, 07 May 2009 11:19:43 +0000</pubDate>
		<guid isPermaLink="false">http://legalworkshop.org/?p=870#comment-29</guid>
		<description>I have never heard of or seen a big boy letter and you didn't present an example of one or any language that might be in one but I appreciate learning of their existence and have formed an idea what they look like.  I believe them to be ultimately irrelevant (I am not clear what you think of them) just like another form for a buyer to sign off on at a real estate closing that no one has time or interest to read.   Big boy letter or not, a free market expects buyers or sellers of a security or real estate to be big boys when they buy or sell and no seller can escape their liability for positive fraud.  When the Big boy becomes standard practice (and i expect it will) and it will not be a signal to any buyer, just a CYA device.</description>
		<content:encoded><![CDATA[<p>I have never heard of or seen a big boy letter and you didn&#8217;t present an example of one or any language that might be in one but I appreciate learning of their existence and have formed an idea what they look like.  I believe them to be ultimately irrelevant (I am not clear what you think of them) just like another form for a buyer to sign off on at a real estate closing that no one has time or interest to read.   Big boy letter or not, a free market expects buyers or sellers of a security or real estate to be big boys when they buy or sell and no seller can escape their liability for positive fraud.  When the Big boy becomes standard practice (and i expect it will) and it will not be a signal to any buyer, just a CYA device.</p>
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