Sunday, May 25, 2008

Einstein's Wisdom


Einstein reportedly said, "Everything should be made as simple as possible--but not simpler."

That Einstein fellah really was a genius.

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Thursday, May 15, 2008

The Tragedy in Sichuan Province



A few years ago I spent a week in Chengdu at Sichuan University. My hosts there were generous and gracious. So I have a personal motivation for grieving over the massive destruction inflicted by the earthquake in Sichuan Province. The rescue efforts there by the Chinese are genuinely inspiring.







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Wednesday, May 14, 2008

Clinton, Obama, and Bob Barr

Clinton's overwhelming victory in West Virginia seems to bode ill for Obama in November. But Bob Barr's entry into the race may draw 5% or so of the votes in the general election and may doom McCain's chances of victory in states such as Texas.

It will be an interesting election.

I admire Barr's commitment to civil liberties, including the right of privacy and the Fourth Amendment. (But I couldn't vote for him; during his career he has taken some very unpleasant positions.)




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Tuesday, May 6, 2008

Underlawyered?

There was a fascinating article in the Japan Times online about the reason for having or not having many lawyers. See Colin P.A. Jones, "Law Schools Come under Friendly Fire," Japan Times online (Jan. 28, 2008). Among the points made by the protagonists in the debate (which takes the form of a debate about the number of persons who ought to be allowed to pass the annual bar exam) are the following:
  • The number of people allowed to pass the annual bar exam is fixed at an absolute number.

  • Japan's Justice Minister Hatoyama is challenging the current plan to increase the number of annual admittees from 1,500 to 3,000 by 2010.
    My research shows that the current population of Japan is roughly 127,000,000.
  • Colin Jones, the author of the article, asserts that regional bar associations have joined the justice minister in questioning the planned increase in the number of planned admittees. He writes:
    Unfortunately, in addition to these very valid criticisms, at least some of the bar association comments veer off into self-interest and self-importance, both justified by an alternative form of logic that only applies to protected industries. The Kanazawa Bar Association, for example, argues that more lawyers will result in (gasp!) greater competition. Facing increased competition, goes the logic, lawyers will have to focus increasingly on the grubby task of making money, losing the leisure that is apparently necessary to engage in advocacy for the public good (which is of course one of the mandates of lawyers everywhere). As a result, the number of immoral lawyers will increase as they take on bad, even hopeless, cases just to earn a living.
  • The pass rate on the annual bar exam was once 2-3%.
  • The author of the article -- a professor at Doshisha University Law School in Kyoto -- opines: "That the number of lawyers generated by the new law schools has become an issue already, when the impact so far is a relatively modest increase, reflects one of the core problems with the whole system — that it was apparently set up without a serious inquiry into what the average person actually needs out of Japan's legal system. Indeed, one fascinating aspect of the whole debate over the number of lawyers in Japan is that it misses a simple, basic fact — that the average Japanese person may not regard the legal system as a useful tool for solving problems. If you are arrested and prosecuted for a crime you will be found guilty over 99 percent of the time. If you get divorced and lose contact with your children, going to court probably won't change a thing. Lawsuits against the national government are shown to be losing propositions almost daily in the news. Small wonder then that Japanese people are averse to litigation, when it is so often proven to be futile."





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