Today, in Internet, Law, and Politics at Harvard Law School, we’re taking up some counter-arguments to the strong form of the argument that Internet can transform politics. I’m building a short outline of some of the key concerns, here, as I prepare for class. It occurs to me to point out that there’s a wonderful and challenging book out, called Reformatting Politics, that Routledge published in 2006, which has a number of essays that prompt hard thought, two of which are assigned for today (my chapter, much later in the book, is plainly the last of the reasons to read the book!). I am such a total fan of Yochai Benkler’s The Wealth of Networks as the key text in this field, on which I rely very heavily in my own thinking and teaching; and/but I am indebted to Jon Anderson, Jodi Dean, and Geert Lovink, the editors of Reformatting Politics, for presenting a number of counter-points to the Benkler line of reasoning.
Category Archives: Teaching
A Test Post from OPML Workstation/Grazr
Internships at the Berkman Center
Apply to come work with us this summer as an intern in at the Berkman Center for Internet & Society at Harvard Law School in Cambridge, MA. Applications are due on Feb. 15; the process is here. College and graduate (including law, business, etc.) students interested in law, technology, politics, communications, new media, and so forth are encouraged to apply. The work is meaningful and the experience is fun. We’d love to hear from you.
Participate in a survey on Digital Media by Harvard undergrads
Five talented students in my Freshman Seminar at Harvard College have created a survey on digital media usage. They could use your help if you are currently an undergrad at a US college. Here’s the announcement, in their words:
“Do you condone stealing?
“Internet piracy is a prevalent issue on college campuses from coast to coast. Many times we, the students, are unaware or even uninformed about what is illegal and what is not. The purpose of the project is (1) to investigate the level of piracy in American college campuses and (2) to see if students understand what actions constitute copyright infringement.
“If you are currently an undergraduate college student studying in an American university and have 5 minutes of free time, please visit [this site] to take the 100% anonymous survey. We are five Harvard undergrad students seeking to understand the computer habits of our generation. Please help us out!
“Spread the word. Thanks. =)
“Andrei, Chen, Elizabeth, Eric, & Lauren
The PiracyEdu Team”
Note also that Chen has posted a real, redacted cease and desist letter on the site’s blog. And they are working on an “online course” as well.
Tonight: Event on Technology and Legal Education at HLS
If you are free from 6:00 p.m. – 7:30 p.m. EST tonight, (Thursday, December 7, 2007), whether or not in Cambridge, MA, please consider joining us for a discussion of the future of legal education, with an emphasis on the role of information technologies. The event will take place in Austin West on the HLS campus. This event will bring together deans, researchers, teachers, lawyers, and a CEO (Andy Prozes of LexisNexis, our partner in a research effort this fall on this topic). Berkman fellow Gene Koo has put together this event and is leading the research agenda. Prof. Charles Nesson, the Berkman Center’s founder and a longtime leader on this topic, is chairing the event. If you are not here in person, please join via Second Life on Berkman Island.
Summer Doctoral Programme 2007 Application Period Open
One of my favorite parts of the year is the Oxford Internet Institute’s Summer Doctoral Programme that takes place in the seond half of July. For the past several years, the Berkman Center has partnered with OII on this programme. We’ve sent faculty and students every year. The especially cool part for this year is that it will take place not in Oxford or Beijing, but in Cambridge, MA, at the Berkman Center. We couldn’t be more excited to have the opportunity to host this event.
So, starting immediately, we’re accepting applications for graduate students to participate in SDP 2007. As you can see from the site, “Thirty places are available, open to students from any discipline who are currently undertaking doctoral research on social, political, legal and economic issues relating to the Internet. Preference will be given to students at an advanced stage of their doctorate, who have embarked on writing their thesis, and who are working in a research area that corresponds to one of the OII’s research priorities or the Berkman’s research priorities.” Don’t be scared off if you are a lawyer or in another professional-type degree program; some of the best students in the past have been lawyers, for instance.
Applications are due by February 12, 2007. The application form is here.
When Academics Write Fiction
Those who write academic articles and books for a living are not always good at writing fiction. I’m reading a novel that, for me, breaks the mold: Stephen L. Carter‘s The Emperor of Ocean Park. As usual, I’m about 4 years after everyone else. Prof. Carter, a prolific scholar and the William Nelson Cromwell Professor of Law at Yale Law School, offers up a mystery about the death of a judge who narrowly misses becoming a Supreme Court Justice. (An interview with the author tells how the book came about.) The judge’s son, Talcott Garland, is a professor at an Ivy League law school set in a small city called Elm Harbor. It’s an incredibly fun (and long, which to me is a good thing, if it’s a good book) story, a mystery well worth the time (even though none of the characters are particularly likable).
What struck me most was a passage that many people who attend or teach in elite law schools might think, on their lowest days, but rarely articulate in public:
“… I return to my dreary classroom, populated, it often seems, by undereducated but deeply committed Phi Beta Kappa ideologies — leftists who believe in class warfare but have never opened Das Kapital and certainly have never perused Werner Sombart, hard-line capitalists who accept the inerrancy of the invisible hand but have never studied Adam Smith, third-generation feminists who know that sex roles are a trap but have never read Betty Friedan, social Darwinists who propose leaving the poor to sink or swin but have never heard of Herbert Spencer or William Sumner’s essay on The Challenge of Facts, black separatists who mutter bleakly about institutional racism but are unaware of the work of Carmichael and Hamilton, who invented the term — all of them our students, all of them hopelessly young and hopelessly smart and thus hopelessly sure they alone are right, and nearly all of whom, whatever their espoused differences, will soon be espoused to huge corporate law firms, massive profit factories where they will bill clients at ridiculous rates for two thousand hours of work every year, quickly earning twice as much money as the best of their teachers, and at half the age, sacrificing all on the altar of career, moving relentlessly upward, as ideology and family life collapse equally around them, and at last arriving, a decade or two later, cynical and bitter, at their cherished career goals, partnerships, professorships, judgeships, whatever kind of ships they dream of sailing, and then looking around at the angry, empty waters and realizing that they have arrived with nothing, absolutely nothing, and wondering what to do with the rest of their wretched lives.”
Only one side of the story, of course, but a pretty evocative, damning assessment of legal education and the life we lead as lawyers.
Academic Computing in Law Schools
I’ve got an op-ed in the National Law Journal this coming week on technology and the law school curriculum. It’s a hard problem. No law school has yet solved it.
Tom Rubin comes to the Berkman Center and Practical Lawyering class
The chief copyright, trademark and trade secret lawyer for Microsoft, Tom Rubin, has been a consistent contributor to our teaching program at the Berkman Center for the past three years. He’s been enormously generous with his time, meeting with Berkman-related students, faculty and fellows over several years. We’ve learned a great deal from Tom and his colleagues, like Ira Rubinstein and Jason Matusow and Annmarie Levins during their respective visits.
One of the topics for class today (Practical Lawyering in Cyberspace at HLS) is what it took for Tom and his colleagues to arrange for Creative Commons licenses to be built into the next release of Microsoft Office. Tom’s leadership was essential to making this integration possible. The importance of this move is that it enables people to apply Creative Commons licenses very simply to Word documents. As Lawrence Lessig put it at the time of the announcement earlier this year, “This is important to us because a huge amount of creative work is created inside the Office platform. Having a simple way to add Creative Commons licenses obviously helps us spread those licenses much more broadly.”
This class, which I’m co-teaching with my colleagues Jeffrey Cunard and Phil Malone, is a ton of fun to participate in — certainly as one of the teachers, anyway. The idea is to use real-world examples of cyberlaw matters as a means of teaching also the procedure, strategy, and tactics that go into the practice of law in this field. Jeff, who is a partner at Debevoise (and in fact the managing partner of their DC office), seems to have worked on every major matter in our field over the past two decades. Phil was one of the lead lawyers who brought the DOJ’s protracted action against Microsoft (and Tom still talks to Phil when they are at Berkman together!). We’ve also has Scott Harshbarger here in class last week to do the HP case and some of the spyware matters from the perspective of a government lawyer. It’s a highly applied means of teaching and not the usual HLS fare, which has good and challenging aspects to it. But fun, to be sure.
Public aggregator of blogs for teachers
Another output of our NYSAIS workshop for teachers on using technology in the service of education: a Top10 list that we compiled together of Blogs for Teachers. Send suggestions and we can add them, too! Or create a better list of your own at Top10 Sources.
There’s also a member-created page, by an academic named Robert French, on Edublogs and Eduwikis, which is excellent. Mr. French, who teaches PR at Auburn University, himself keeps a terrific blog.
(Please see my disclosures page if you care to know about my personal involvement in Top10.)
