Went to SEALS (Southeast Association of Law Schools) conference last week. Some highlights:
1. Impact of Westlaw- Access to information leveled; small firms with small libraries have more information. Also, digest [primary system of print research, based on books of cases called “digests”] structures inquiry, limits cases people find. Westlaw search means more of a diversity of arguments, as people are more likely to find unpublished, obscure or moribund cases. Generally a bit more open-endedness in law; less likely everyone will find same cases.
2. Some real left wing stuff: one on juveniles as informants, asserting that they shouldn’t be police informants because (under death penalty precedent) they are too immature to be executed, thus too immature to be informants. Then someone asked: “But aren’t 17 year olds mature enough to be sentenced as adults?” Speaker responded “I’m against that too.” Reminds me how far I am from the real academic Left. Fundamentally, I really, really, really value social order. They don’t (or perhaps just disagree with me about how we get there).
3. Property rights- A speaker critiqued “takings” legislation (requiring govt. to compensate landowners whenever regulation reduced property value by restricting development) by analogy to old property case of Pierson v. Post. In Pierson, hunter chases fox, but is held not to have really owned it unless he killed it. Similarly, someone trying to develop chases development, but shouldn’t be compensated for loss of opportunity until he has “captured” use by getting a building permit.
4. Restrictive covenants and sex offenders- Some covenants ban all sex offenders. To run with the land (i.e. bind people not parties to original covenant, as land is sold again and again) covenant must “touch and concern” land. Does this covenant affect property values enough to touch and concern land? Law unclear. I think so- but covenant may be against public property as unreasonable if so widespread they have no place to live. We don’t want sex offenders to be homeless- if they are, its harder to find them if they commit additional crimes.
5. Panel on US News rankings- Since part time students aren’t counted in schools’ LSAT (Part of rankings) schools game the system by admitting weaker students as transfers and part timers. Some juicy examples of how schools shifted tiers merely by switching full time/part time balance.
6. Speech on statutes requiring government to “consider” factors (especially National Environmental Policy Act, which requires government to consider environmental impact of actions)- all I remember is great line: “A county without a squad car has no speed limit.”
7. Also a neat webpage on climate change litigation: www.climatecasechart.com
8. Interesting article on how international treaty governing civilians in warfare is rigged in favor of terrorists: protocol (which US has not signed on) provides that civilians engaged in hostilities (e.g. terrorists) can only be targeted while actively engaged in hostilities. Even though US hasn’t signed on, some risk it could be treated as customary international law.
9. Interesting presentation on how web pages can be archived for posterity. There is an archive (www.archive.org ) but it is pretty erratic – archive often down, lots of people opt out, copyright law unclear enough that it might be illegal
Interesting panel on nature of scholarship- some commenters favored “Big Tent” approach- but felt constrained at their own institutions (e.g. feeling like they had to publish only in their specialty, only long articles, etc.)
10. Interesting presentation on bar exams- While multistate bar almost universal (48 states) as is MPRE (47), multistate performance and essay tests much less so (34 and 22 respectively).