February 02, 2017
This is classic:
Courts of equity have a tradition of aiding the helpless, such as infants, idiots and drunkards. The average security holder in a corporate reorganization is of like kind.
This comes from "Some Realistic Reflections on Some Aspects of Corporate Reorganization," 19 Virginia Law Review 541, 569 (1933). (I owe the reference to a working paper by my colleagues Douglas Baird, Anthony Casey, and Randy Picker.)
January 03, 2017
December 27, 2016
December 06, 2016
My former Texas colleague Mark Lemley (now at Stanford) kindly gave me permission to share this little story he posted on Facebook:
I have an article with the (admittedly extremely boring) title "Rethinking Assignor Estoppel" coming out in the Houston Law Review. It has been on SSRN for nine months. I have posted about it twice on Facebook and Twitter, and it has shown up in all the SSRN journals. In that nine months it has garnered 982 views and 172 SSRN downloads.
Late Friday afternoon, prompted by some friends teasing me for the boring headline, I posted the exact same article, with the exact same abstract, but with a new, click-baity title: Inventor Sued for Infringing His Own Patent. You Won't Believe What Happened Next. I did this in part as a joke, and in part as an unscientific test to see how susceptible law professors were to clickbait.
The answer is, quite susceptible indeed. In less than two hours on a Friday night the number of views for this "new" article surpassed the old one. In 26 hours, by late Saturday, more people had downloaded the new article than the old one, even though before downloading you are exposed to the same old boring abstract. And by the end of the weekend, the article had been viewed nearly six times as often as the original and downloaded three times as often as the original.
The article will soon appear in the Houston Law Review under its old, boring title. But it sure looks like titles matter.
This will remind long-time readers of the late Christopher Fairman's article "Fuck," an even bigger download sensation (see here, here, and here). Of course, a download surge due to a "clickbait" title doesn't necessarily mean additional actual readers.
April 07, 2016
April 06, 2016
February 25, 2016
His diatribe is amusing, though for the record I think that anyone who runs a regression on what Rawls thinks should be fired! (Also, Steve, no one is interested anymore in what
Dworkin said--that's just a UCLA thing!)
February 17, 2016
December 07, 2015
Blog Emperor Caron appears to think so, though I'm a bit skeptical about his motives: since the "Instapundit" blog run by the right-wing Tennessee law professor Glenn Reynolds links to each day's posting about the alleged "scandal," the Blog Emperor has another incentive to keep this "hits" cow going! But what do readers think? We'll settle this scientifically:
UPDATE: Prior to the invasion of the Insta-ignorance readers, the normal intelligent readership was 30% in favor of the scandal-mongering, the rest against with about one quarter deeming the Blog Emperor's continued coverage the real scandal.