Alexander Kraszewski @AntitrustAlex
Electrical engineer turned antitrust lawyer @bakerbotts. Jack of all nerddom, master of none. Views are my own. proud product of @georgemasonlaw The Internet Joined June 2010-
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“For what is a man profited, if he shall gain the whole world, and lose his own soul?”
The smartest guy in my high school who ended up going to Penn and then top investment bank and then top PE firm was the biggest cheater I've ever met. Literally every test. Had the raw skills but left nothing to chance. Was always looking for an edge.
This is so charming. I’m pretty sure I got an eyeroll for asking a similar hypothetical in law school
I am totally delighted by this contract case from CA5 just now. To summarize: an ambiguous contract's provision is dispositively decided by a single guy's testimony about what it means, because HE NEGOTIATED IT ON BEHALF OF BOTH SIGNATORIES.
The real “problem of 1938” with respect to general law revivalism is not Erie, but the Federal Rules of Civil Procedure. There’s also something of this in the response to “against anachronistic readings of section 1983.”
@tedfrank More likely a chuckle, seething isn’t really his style.
The public interest bar that brought SFFA v. Harvard in the first place will likely eventually realize how much easier these cases are going to be to bring as antitrust cases (a conspiracy not to compete for certain segments of the input market for prospective students).
Antitrust lawyers in the room: 👀 although the problem may be there were no antitrust lawyers in the room
After the SFFA v. Harvard decision, many universities indicated they would try to find ways around it. UC Davis Med, which had already developed a way to get around California’s affirmative action ban, went further, offering to teach other schools how to do it. Post-SFFA, the
Paying attention to the orders list
🚨 The Supreme Court left in place a Fifth Circuit ruling that the federal felon-in-possession firearm law cannot be applied to a Mississippi man whose only felony conviction was nonpayment of child support.
In hindsight, it’s not surprising something like this exists. But a bird nest made out of fiber optic drone cables is a straight-out-of-scifi detail that has become contemporary reality.
Apocalyptic bird nest. A Russian glide bomb knocks down a tree in Donbas. From the shattered branches rolls out a tiny bird’s nest. Made of drone fiber-optic cable. Source: Oleg Malchenko
Released today, just ordered my set
Pretty sure this is a magnolia sapling that has started growing behind my air conditioner, so that’s really cool Gotta find a better place for it in the fall
I’m rather partial to corvids generally and there’s an irreducible element to the natural order (Herzog: “…a harmony of overwhelming and collective murder…”), but fatherhood has really exacerbated my soft spot.
Just watched a baby robin get plucked out of its nest by a crow. Whole neighborhood of robins came to its defense and the crow dropped it. Seemed fine and I was able to carefully put it back into the nest, so fingers crossed. I guess that’s my hermitage vignette for the day.
I’m working through a dormant commerce clause theory centered on pirates (in a way). If it ever sees its way to print (conditional on a lot), it will be quite the wild ride.
This is the kind of weird technicality that I just fall for every time
@kroosevelt93 @OrinKerr I agree. I think we have to understand the senior status practice as a form of gloss/liquidation, with a limited holding that should not be extended because voluntariness was crucial to its acceptance. Page of history vs. volume of logic.
Justice Field still has the more impressive record. He served 34 years and no one remembers anything he did.
Reminds me of the time I brought a due process clause challenge pro se to a parking ticket. Nothing quite like a lawyer with an ax to grind ;)
A former colleague just beat a DC speed-camera ticket at the DC Court of Appeals. DC tried to make a ±1 mph margin of error vanish by regulation. The court held a coin flip isn’t clear and convincing evidence. Ticket dismissed; math remains undefeated. dccourts.gov/sites/default/…
You had me at “Coase here needs Hayek.” Research like this feels like it is going to be foundational to AI-IO. Excited to watch this space.
🚨 New Experiment: Everyone thinks AI firms will look like little companies. A manager model decomposes the task and worker models do subtasks. The manager red-teams, revises, and recombines. A seemingly simple org chart. But when I ran the experiment, the current in-vogue org
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