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Suspect in Half Moon Bay shootings charged with 7 counts of murder
The San Mateo County district attorney told reporters that investigators "do have a feeling on the motive."
California rattled by multiple shootings
California residents have been shaken by a series of shootings, including one in Monterey Park, near Los Angeles, in which 11 people were killed during Lunar New Year celebrations. CBS News correspondent Kris Van Cleave reports.
Half Moon Bay shooting suspect is detained
The suspected gunman in the Half Moon Bay, California, shooting that killed seven people was detained by authorities on Monday. He was taken into custody after he was spotted in his vehicle in the parking lot of a San Mateo County Sheriff's Office substation.
Evidence points to "workplace violence" in Half Moon Bay shooting, police say
The only known connection between the eight victims and the suspect is that they may have been coworkers, officials said Tuesday.
Multiple mass shootings stun California
CBS News correspondent Kris Van Cleave joins Lilia Luciano and Lana Zak to discuss a mass shooting that occurred Monday in Half Moon Bay, California -- the latest in a string that have happened since Saturday. He also reports how officials are reacting to the shooting and on the heroic efforts involved in stopping the alleged gunman in the Monterey Park massacre.
At least 7 killed in Half Moon Bay shootings
A mass shooting has rocked yet another California community. Seven people were killed Monday when a gunman opened fire on two farms in the rural area of Half Moon Bay. CBS News correspondent Carter Evans reports and joins Anne-Marie Green and Vladimir Duthiers with the latest on the investigation.
7 dead in Half Moon Bay shooting
A gunman killed seven people and injured one other in a mass shooting in Half Moon Bay, California. Carter Evans reports.
At least seven people are dead after a gunman opened fire at two different nurseries in Half Moon Bay, California, San Mateo County officials said Monday. The suspect, who is believed to be an employee of at least one of the nurseries, has been taken into custody. Watch the officials' press conference here.
While the nation witnessed video of the savage beating by Memphis Police officers of Tyre Nichols, one who did not watch was Nichols' mother, RowVaughn Wells.
What we know about Tyre Nichols' death and the investigation
With the proliferation of artificial intelligence software used to produce fake videos and photographs, Adobe and Microsoft have teamed up to develop new tools for verifying images on the web.
Republicans see different treatment for President Biden than for Trump.
In their latest bestseller, Brad Meltzer and Josh Mensch write of an assassination plot aimed at Allied leaders attending a 1943 summit in Tehran – a conspiracy that, if successful, could have changed the outcome of the war.
The New York Times columnist says the nation's commitment to change, following protests over the death of George Floyd and a wave of historic protests in its wake, has been abandoned.
Djokovic stretched his unbeaten streak in Melbourne to 28 matches, the longest run at the tournament for a man in the Open era.
No information about a suspect or possible motive has been released.
All five former officers involved in Tyre Nichols' death were part of the SCORPION unit, police said.
Just days after Amanda Perrault, the wife of an Eatonton police officer made allegations of abuse against her husband, he claimed that she took her own life.
More U.S.
"Mobituaries": Fifth-grader Samantha Smith, "America's Littlest Diplomat"
In 1982 a young girl wrote to Soviet leader Yuri Andropov voicing her worries about the prospect of nuclear war. She was invited to the USSR, where she was welcomed like a visiting head of state.
While the nation witnessed video of the savage beating by Memphis Police officers of Tyre Nichols, a Black man who pleaded for his life, one who did not watch was Nichols' mother, RowVaughn Wells.
More in U.S.
More MoneyWatch
CEO quotes Martin Luther King in email announcing layoffs
PagerDuty CEO Jennifer Tejada quoted the civil rights in an email a critic called an "all time classic bad layoff announcement."
Kentucky Trader Joe's becomes third store to unionize
The unionization effort at Trader Joe's comes amid a larger wave of organizing largely led by younger workers.
Looking to get hired? These are the best months to try.
U.S. employers typically finish their annual budgets in January and start advertising for open roles soon thereafter.
Many more single women than men are homeowners. Here's why.
Single women own about 10.7 million homes compared to 8.1 million for single men, according to a LendingTree analysis.
Wall Street sends stocks to their highest levels since summer
Stocks closed higher on Wall Street, marking the market's third winning week in the last four.
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Transcript: Sens. Mark Warner and Marco Rubio on "Face the Nation"
The following is a transcript of an interview with Democratic Sen. Mark Warner of Virginia and Republican Sen. Marco Rubio of Florida airing Sunday, Jan. 29, 2023, on "Face the Nation."
Trump kicks off 2024 presidential campaign in New Hampshire and South Carolina
Trump focused on the Biden administration's handling of foreign policy issues such as the war in Ukraine, the U.S. military withdrawal from Afghanistan and immigration at the U.S.-Mexico border.
Pence takes "full responsibility" for classified documents found at his home
Documents marked as classified were found at the vice president's home in Carmel, Indiana.
This week on "Face the Nation with Margaret Brennan," Jan. 29, 2023
House Speaker Kevin McCarthy, Sen. Mark Warner, Sen. Marco Rubio and former Rep. Val Demings will appear on "Face the Nation with Margaret Brennan" this Sunday.
Jan. 6 rioter who admitted spraying Officer Brian Sicknick sentenced
Sicknick died of what the medical examiner found to be natural causes a day after defending the Capitol during the Jan. 6 assault.
Gay and bisexual men would be able to donate blood under rule change
Potential donors would be screened with a questionnaire that evaluates their individual risks for HIV based on sexual behavior, recent partners and other factors.
Thousands of Florida nursing students got fake diplomas in alleged scheme
Thousands of practicing nurses in the U.S. could potentially be working with bogus academic credentials.
Veterans file 260,000 burn pit claims under new law
The Department of Veterans Affairs is urging millions of veterans exposed to burn pits to file claims with the department after the PACT Act expanded health coverage. Norah O'Donnell sat down with VA Secretary Denis McDonough to see how the department is handling the largest health care expansion for veterans in decades.
VA urges millions of veterans exposed to burn pits to file claims
The PACT Act takes the burden of proof off veterans, automatically linking asthma, some cancers and other illnesses to burn pit exposure.
CBD has too many safety unknowns to be regulated, FDA says
Agency says there's not enough evidence to determine how much CBD can be safely consumed, and has asked Congress to create new rules.
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Iranian state TV says defense factory hit in drone attack
The state-run news agency IRNA said three drones were shot down by Iranian air defenses.
Traffic accidents are common along Peru's narrow roadways and steep cliffs.
Police have determined the incident to be an accident and no criminal charges are likely.
Opium production rises 33% in Myanmar, U.N. report says
In this season, farmers earned twice as much selling opium in 2022 as they did the previous year, the report found.
Best-known for a fur-lined teacup, the Swiss artist Meret Oppenheim (1913-1985) was a free-spirit whose work spanned half a century. Correspondent Serena Altschul reports on a new retrospective of Oppenheim's work, at the Museum of Modern Art in New York City.
Colin Farrell, Brendan Gleeson on "Banshees," friendship
The actors are both Oscar-nominated for the acclaimed Irish comic-drama "The Banshees of Inisherin," about two longtime friends whose relationship suddenly grinds to a halt.
The acclaimed Irish comic-drama "The Banshees of Inisherin," about two longtime friends whose relationship suddenly grinds to a halt, stars two actors who clicked while collaborating on the 2008 classic "In Bruges." Colin Farrell and Brendan Gleeson, both Oscar-nominated for their performances in "Banshees," talk with correspondent Tracy Smith about their friendship, and the challenge of playing ex-friends.
"Sunday Morning" remembers some of the notable figures who left us this week, including Emmy Award-winning college basketball broadcaster Billy Packer.
With the proliferation of artificial intelligence software used to produce fake videos and photographs that can spread disinformation, Adobe and Microsoft have teamed up to develop new tools for verifying the attributes and history of images and videos on the web. Correspondent David Pogue looks at how Content Credentials can help retain trust in journalism, and protect democracy from propaganda.
Smart home security tips for personal and cyber protection
ZDNet Editor-in-Chief Jason Hiner explains best practices for setup and success of smart home security systems.
How will Netflix stop you from sharing your password?
Streaming company said a crackdown is coming by March, but a similar effort in other countries yielded mixed results.
BuzzFeed to use OpenAI technology to create content
Digital media firm says it will use artificial intelligence to create personality quizzes and generate write-ups.
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Why San Diego's waves turned bright pink
San Diego's usually blue waves recently turned a bright fuchsia, and scientists are explaining why.
Archaeologists find the oldest non-royal mummy ever discovered in Egypt
The mummy of an ancient Egyptian named Hekashepes represents two remarkable firsts, but it wasn't the lead scientist's favorite discovery at Saqqara this week.
Asteroid about to zoom oh-so-close to Earth, NASA says
But it will miss, the space agency says, in one of the closest encounters of its type ever.
"We have discovered more than a thousand burial sites before in Luxor, but this is the first time we find one from the 13th Dynasty," said antiquities official Dr. Fathy Yaseen.
Earth's inner core may have started spinning the other way, study says
Exactly how the inner core rotates has been a matter of debate between scientists — and the latest research is expected to prove controversial.
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Prosecutor: College student's murder serves as a cautionary tale
Shot at least nine times, texts found on a University of Mississippi student's Apple Watch proved invaluable to investigators searching for her killer and provided insight about what may have led to her murder.
Man killed, 4 injured in Baltimore shooting, car crash
A woman and a 2-year-old child were critically wounded in the shooting. A 6-year-old child was also critically hurt in a car crash caused by the gunfire.
Three people were killed and four others wounded in a shooting early Saturday morning in the upscale Los Angeles neighborhood of Beverly Crest.
Teen shoots, wounds 2 in Jerusalem, officials say
One day after a mass shooting claimed seven lives at a synagogue in Jerusalem, a second shooting Saturday left a father and son critically wounded. Imtiaz Tyab has more.
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Lauren Sanchez plans all-women space flight aboard Bezos' Blue Origin rocket
"He'll be cheering us all on from the sidelines," Sanchez said of Amazon and Blue Origin founder Jeff Bezos, who is also her boyfriend.
Rocket Lab launches first flight from Virginia's Eastern Shore
After 32 launches from Rocket Lab's New Zealand facility, the company is now set for regular flights from Virginia's Eastern Shore.
NASA gets best look yet at the "deepest, coldest ices" in space
The icy ingredients studied in a molecular cloud 500 light-years away provide a "spectral snapshot" of the origins of space bodies.
Radio signal nearly 9 billion light-years away from Earth detected
Researchers have captured a radio signal from the most distant galaxy to date.
Spacewalkers continue space station power system upgrade
Spacewalks in low-Earth orbit face a small but very real threat from debris and and micrometeoroids whizzing by at extreme velocities.
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Notable Deaths in 2023
A look back at the esteemed personalities who've left us this year, who'd touched us with their innovation, creativity and humanity.
Matthew Trussler murder: Inside the case
Matthew Trussler was found dead at the home he shared with his fiancée Melissa Turner. See the evidence that led to authorities piecing together his death.
The Circleville letters: You've got hate mail
An anonymous letter writer terrorizes a small town, threatening to expose their rumored dark secrets.
Celebrities who filed for bankruptcy
They may have famous names and big careers, but these celebs also ran into financial trouble.
Stunning photos from NASA's Artemis I moon mission
The Orion spacecraft sent back some amazing pictures from its 25-day, 1.4-million-mile journey around the moon.
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Warner and Rubio on classified documents and more
Sens. Mark Warner and Marco Rubio, the chair and vice chair of the Senate Intelligence Committee, discuss the investigations into classified documents found at the homes of President Biden and former President Donald Trump, the threat posed by China, TikTok and more.
This week on "Face the Nation with Margaret Brennan," the first face-to-face meeting of the new Congress between President Biden and House Speaker Kevin McCarthy is coming soon. The main topic on the agenda? Paying America's bills and getting the country's fiscal house in order. We'll ask the speaker about what he thinks Congress should do to keep the U.S. from defaulting. Plus, a rare joint conversation with the chair and vice chair of the Senate Intelligence Committee.
McCarthy on debt ceiling, committee assignments and more
House Speaker Kevin McCarthy discusses his upcoming meeting with President Biden, what he's seeking in a deal to raise the debt ceiling, his selections for committee assignments and more.
We leave you this Sunday morning in a snowstorm, in the White Mountains of New Hampshire. Videographer: Scot Miller.
The Nazi plot to kill FDR, Churchill and Stalin
In their latest book, "The Nazi Conspiracy," Brad Meltzer and Josh Mensch write about an assassination plot aimed at Allied leaders attending their first face-to-face summit meeting in Tehran in 1943 – a conspiracy that, if successful, could have changed the outcome of the war. Correspondent Jim Axelrod talks with Meltzer about how the head of FDR's Secret Service detail helped foil the Nazis' alleged plans.
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There are two stages in Bhaal's Gentry. The first is the Adorned. All members start as Adorned. They serve as information hubs as the cult leaders scatter them to specific cities and towns around the world. When a place seems ready to hear Bhaal's message, they inform the cult leaders and the leaders ready missionaries to influence the people.
The second step is becoming an Initiate; the true face of Bhaal's Gentry. Once you enter phase two, there is no returning. The rules are simple: if you murder another member, you gain favor with Bhaal. If you die by any means other than someone who wasn't in Bhaal's Gentry, you lose favor, thus having a member of the cult near you can be both a blessing and a potential curse. They could murder you to gain Bhaal's favor, but if they're not there to finish you when your end comes… Either choice offers a level of uncertainty.
Adorned are safe from The Trial. Initiates use them to gain information, send letters to the cult leaders, and confide in who might be the only person they can be honest with. The Adorned are often watched carefully by the Initiates who use them. The Adorned know sensitive information, and the Initiates keep a watchful eye on them to make sure they stay safe and can fulfill their duties to the cult. In addition, anyone talking to an Adorned is a potential member of Bhaal's Gentry, and as such, a possible target.
With murdering one another as the most important aspect of the cult, they need a way to find each other. However, it is never easy.
The first order of business when becoming an Initiate is to choose a code name and a token. The code name has to matter to the Initiate in some way, no matter how obscure. The token can be anything, chosen for any reason, but they must display it whenever dressed and always keep it near them. Rusulla chose an auburn feather, and until her death in the lair of a dragon, no one ever figured out it was the quills of her arrows. Soschos chose a dagger. A seemingly easy tell, but he was also a city guard, all of whom were required to wear their dagger whether on or off duty. Triltol's token was a single coin from a far kingdom, though as a professional dancer, she always wore a coin skirt made of exotic currency.
The initiate writes their code name and token into the ledger, a book that holds the code names and tokens of all current- and departed- Initiates.
The Order of Three- three high priests of Bhaal's- witness the writing. They are the only ones who know the identities of each member. When someone brings the head of a victim and their token, it is the Order of Three that confirms whether or not the victim was truly a member, and if they will then gain favor with Bhaal.
The reward for becoming a part of Bhaal's Gentry is not of this world, it is in the hereafter. The more favor they gain in the cult while alive, the greater their position will be in Bhaal's ranks when they reach the next life. Rumors say that the figure that sits at the right hand of Bhaal was once a mortal. Through their devotion and skill, they overthrew Bhaal's first commander.
Where they can be found – Because members may go years without finding a fellow cultist, Bhaal's Gentry live most of their lives outside of any churches or religious centers. They have complete lives as city guards, adventurers, teachers at mage academies, or any other imaginable occupation. The private nature of the cult means anyone could be a member.
What are they – They are cautious, always trying to learn who else is in the cult without being found out. Anyone who brags about being in Bhaal's Gentry won't do so for long. They tend to work alone or in small groups with an uneasy alliance.
Two Bhaal's Gentry members who know each other hire the party to assist them in a treasure hunt. They hired the party to make sure one doesn't back stab the other.
A hotheaded group of young Bhaal's Gentry initiates grow tired of the slow pace of the hunt. They make a deal to all meet in a populated city and hunt each other down until there is only one left. All casualties are simply additional sacrifices to Bhaal.


Pudding supreme is a favorite family recipe. A buttery crust with layers of cream cheese, pudding, and whipped topping, make this a dessert worth making!
Mix ingredients together and pat into a 9x13 baking dish. Bake at 375 degrees Fahrenheit for 12 minutes or until lightly browned. Cool.
Next you will prepare 1 large pkg. vanilla instant pudding and 2 1/2 cups milk. Set slightly and spread over cream cheese mixture.
Now you get to pick another pudding flavor to add. We use either chocolate or lemon pudding. Prepare your flavor of choice, and spread over the vanilla pudding layer in dish after it has set slightly.
Top with cool whip, sprinkle with chopped nuts. Place in refrigerator to set for at least 1 hour.
Bake at 375 degrees Fahrenheit for 12 minutes. Cool.
Next add your second layer of pudding. We used lemon.
Finish by topping with cool whip and chopped nut. Cool in refrigerator for at least an hour. Enjoy!!


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Over-the-air TV market continues to shrink
By TVTechnology 18 January 2013
Free, over-the-air television viewing of broadcast TV signals are now watched by only 9 percent of the U.S. population — down from 16 percent in 2003, according to Nielsen, the major TV and radio rating service.
Eighty-five percent of U.S. consumers subscribe to pay TV, Nielsen reported, with digital cable having 52 percent and satellite 33 percent of the subscriptions. The new figures are in Nielsen's "The Media Universe" report.
The decline in over-the-air broadcasting joined feature phones and VCRs as fading technologies. Nielsen said on a daily basis, viewers watch about six hours and 54 minutes of "traditional" TV, while the next most popular method of is viewing video over the Internet through a computer. Viewers watched video on computers 28 hours and 29 minutes each month.
About 289 million people own at least one television set, with the majority (119 million) owning four sets, Nielsen found. About 31 million own a single TV set. Seventy-five percent own an HDTV set and 86 percent own a DVD player, the report found.
The Nielsen numbers are certain to cause a dispute with the NAB, which has insisted the amount of over-the-air viewing is increasing in an era of cord-cutting. Last summer, the NAB produced a survey by Knowledge Networks citing about 18 percent as "broadcast exclusive" households. That total was 54 million Americans — up from 46 million in 2011.
Nielsen's "The Media Universe" report is a summary of media usage in the second quarter of 2012 and is a consolidation of more than a dozen Nielsen reports issued throughout the year.

redpajama_set_name: RedPajamaCommonCrawl


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HomeBooksPolitics
Law's Order: What Economics Has to Do with Law and Why It Matters
by David D. Friedman
What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting.
Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well.
This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.
Publisher: Princeton University PressReleased: Jul 2, 2001ISBN: 9781400823475Format: book
The Legal Analyst: A Toolkit for Thinking about the Law
Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law
Mark Tushnet
The Language of Judges
Lawrence M. Solan
A Student's Guide to Law School: What Counts, What Helps, and What Matters
Andrew B. Ayers
The Devil's Advocates: Greatest Closing Arguments in Criminal Law
Michael S Lief
Andrei Marmor
An Introduction to Legal Reasoning
Edward H. Levi
The Common Law
Ladies And Gentlemen Of The Jury: Greatest Closing Arguments In Modern Law
The Critical Legal Studies Movement: Another Time, A Greater Task
Roberto Unger
An Economic Interpretation of the Constitution of the United States
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And the Walls Came Tumbling Down: Greatest Closing Arguments Protecting Civil Libertie
The Perils of Global Legalism
Eric A. Posner
Your DNA Probably Didn't Make You Do It
Be Proactive: What To Take Care of When Starting Your Own Business
Be Proactive
Rules Of Life
Federal Judge Rules Against Imprisoning Those Who Can't Pay Court Fees
Civil rights lawyers won a ruling that Orleans Parish judges cannot impose fines on defendants without holding a "neutral forum" to learn about their ability to pay.
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#FindRaza
Where Can You Afford to Live and Work?
THE EIGHT-YEAR economic recovery has been unevenly spread. Rising housing costs can be a drag on growth, because they deter worker mobility. And housing supply lags demand. To make sense of it all, Mark Fleming, chief economist for title insurer Firs
Our Mistaken Sense Of Superiority
I'M A JUDGE ON THE CRIMINAL PROSECUTION side of immigration. I don't do asylum cases. I don't do deportations. Those are the civil side. I only know what I see. In 2003, I was told by officials that only 3% of those who were caught coming into the c
Manage Your Home Economics as If You Are Running a Business, and Watch Your Savings Grow
WELCOME TO FOREIGN POLICY'S 10TH ANNUAL SPECIAL EDITION OF GLOBAL THINKERS. A decade ago, in launching the series, FP's then-editors wrote: "In a year of worldwide economic crisis and dangerous wars, of radical innovation and newfound realpolitik, st
The Right Way to Adjust Your Prices
• THE WAY WE WORK NOW MAKING ENDS MEET IN THE SHARING ECONOMY Most sharing-economy workers make under $500 a month from such jobs, according to data collected by consumer-lending startup Earnest. That paltry sum reflects how many people are just da
What's the Right Punishment for Tearing Down a Confederate Monument?
What This Medical Marijuana Company Can Teach You About Getting Buzz
The Economic Question Voters Should Ask Themselves
ProPublica Named a Finalist for 3 Scripps Howard National Journalism Awards
by ProPublica The Scripps Howard Foundation announced today that three projects from ProPublica and the ProPublica Local Reporting Network are finalists for the Scripps Howard National Journa
The Barriers Stopping Poor People From Moving to Better Jobs
Should Taxpayers Sponsor Attorneys for Undocumented Immigrants?
Why It's Difficult for Former Inmates to Become Lawyers
A Radical Legal Ideology Nurtured Our Era Of Economic Inequality
Where does economic power come from? Does it exist independently of the law? It seems obvious, even undeniable, that the answer is no. Law creates, defines and enforces property rights. Law enforces private contracts. It charters corporations and shi
Culture vs. Nurture: When Family Hierarchy Informs Fiction
Culture vs. Nurture
Illinois Considers Changing Gun Transfer Rules Following Waffle House Shooting
Chicago Lawyers Volunteer To Help Families Separated At Border
Chicago attorneys are mobilizing to help immigrant children who have been separated from their families at the southern border. Kristen Harris, Chicago chapter president of the American Immigration Lawyers Association, said she has been fielding inqu
Where U.S. Companies Stand on the Border Adjustment Tax
Spurned By Big Law Firms, Trump Relies On A Handful Of Lesser-known Attorneys
Dealing With People Who Say Yes but Mean No
Short of immediately firing your lawyer, just what should you do when promised a return call, or that your matter "will be taken care of," but it doesn't ever happen? Or, stated differently, when is a "yes" really a "no"? Julie wrote, "Ron, a frien
Mythology Trumping Facts
Topeka K. Sam joins The Marshall Project's Board of Directors
Topeka K. Sam, Founder and Executive Director of The Ladies of Hope Ministries, is joining the Board of Directors of The Marshall Project. She is also the co-founder of Hope House NYC – a safe housing space for women and girls – and a founding member
Here's How The Time's Up Legal Defense Fund Actually Works
Long Shot Lawyer: Defending Migrants In US's Toughest Immigration Court
Stewart Detention Center, in rural Georgia, rejects more than 90% of applicants. Marty Rosenbluth helps migrants here apply for asylum.
Long Shot Lawyer
Law's Order - David D. Friedman
What I Am Doing
If there were only one man in the world, he would have a lot of problems, but none of them would be legal ones. Add a second inhabitant, and we have the possibility of conflict. Both of us try to pick the same apple from the same branch. I track the deer I wounded only to find that you have killed it, butchered it, and are in the process of cooking and eating it.
The obvious solution is violence. It is not a very good solution; if we employ it, our little world may shrink back down to one person, or perhaps none. A better solution, one that all known human societies have found, is a system of legal rules explicit or implicit, some reasonably peaceful way of determining, when desires conflict, who gets to do what and what happens if he doesn't.
The legal rules that we are most familiar with are laws created by legislatures and enforced by courts and police. But even in our society much of the law is the creation not of legislatures but of judges, embedded in past precedents that determine how future cases will be decided; much enforcement of law is by private parties such as tort victims and their lawyers rather than by police; and substantial bodies of legal rules take the form, not of laws, but of private norms, privately enforced.
Going farther afield in time and space we encounter a much greater diversity, both in the sources of legal rules and in the ways in which they are enforced. If we are considering all systems of legal rules in all times and places, the ways in which legal rules are created and enforced in America in this century are simply data—one out of many possible solutions to the problem of human conflict, one out of many possible systems of legal rules. This book directs most of its attention to the past century or two of Anglo-American law not because it is more important than other legal systems but because the author, most readers, and most of the scholars whose ideas I will be talking about know more about that legal system than about the legal rules of Homeric Greece, Papua New Guinea, Saga period Iceland, or Shasta County, California. But the ideas I am discussing are as relevant to those systems as to ours—as we will see when we take a brief look at several of them in chapter 17.
There are many ways of looking at a legal system, among them the perspective of a legal historian, a legal philosopher, or a lawyer interested in creating arguments courts will accept or contracts they will enforce. This book is written by an economist. My approach is to try to understand systems of legal rules by asking what consequences they will produce in a world in which rational individuals adjust their actions to the legal rules they face.
While this is not the only possible approach, it is one with very general application. Legal rules exist, at least in large part, in order to change how the people affected by them act. A speed limit exists because someone wants people to drive more slowly. The legal rule that holds that any ambiguity in a contract is to be interpreted against the party who drafted it exists because someone wants people to write contracts more carefully.
The economic approach works in two directions. Starting with an objective, it provides a way of evaluating legal rules, of deciding how well they achieve that objective. Starting with a legal rule, better, a system of legal rules, it provides a way of understanding it—by figuring out what objective it is intended to achieve.
The central assumption of economics is rationality—that behavior can best be understood in terms of the purposes it is intended to achieve. The secondary assumption running through this book is that systems of legal rules, or at least large parts of systems of legal rules, make sense—that they can be understood as tools with purposes. The rationality assumption will not be questioned here, although there is an extensive literature elsewhere on the subject, of which the most interesting part, in my judgment, is the recent work in evolutionary psychology. The secondary assumption will be questioned repeatedly. One of the questions running through this book is to what degree the legal rules we observe can be explained as tools—in particular, as tools designed to achieve the particular purpose, economic efficiency, that economic analysis of the law most commonly ascribes to them. In chapter 19 I sum up the evidence and deliver a mixed verdict.
What Is Wrong with It
A system of legal rules is not entirely, perhaps not chiefly, the product of deliberate human design; to a considerable extent it represents the unplanned outcome of a large number of separate decisions, by legislators bargaining over particular provisions in the law or judges trying to find and justify verdicts for particular cases. It is therefore possible that such a system may have no objective for us to find. There is no guarantee that we will be able to make sense of any particular system of legal rules, since there is no guarantee that it makes sense. Human beings are born equipped with a superb pattern-recognition engine—so good that not only can we find patterns that even a well-designed computer would miss, we can sometimes find patterns that aren't there. One of the questions you should be asking yourself, especially as you approach the end of the book, is to what degree economics discovers order in law and to what degree it imposes it.
One objection to the economic approach to understanding the logic of law is that law may have no logic to understand. Another and very different objection is that law has a logic but that it is, or at least ought to be, concerned not with economic efficiency but with justice. We punish criminals not, or at least not entirely, because doing so achieves good consequences but because criminals deserve to be punished. We require tortfeasors to make their victims whole not because doing so gives people an incentive not to be tortfeasors but because it is just that he who did the damage should pay for it. On precisely the same grounds, we insist that if our child has made a mess, he should clean it up.
To this very persuasive line of argument I have two answers. The first is that justice does not give an adequate account of law, both because it is irrelevant to a surprisingly large number of legal issues and because we have no adequate theory of what makes some rules just and some unjust. To a considerable degree, our intuitions of justice are consequence, not cause—we think rules are just because they are the rules we have been brought up with.
My second answer is that in many, although probably not all, cases it turns out that the rules we thought we supported because they were just are in fact efficient. To make that clearer I have chosen to ignore entirely issues of justice going into the analysis. In measuring the degree to which legal rules succeed in giving everyone what he wants, and judging them accordingly, I treat on an exactly equal plane my desire to keep my property and a thief's desire to take it. Despite that, as you will see, quite a lot of what looks like justice—for example, laws against theft and the requirement that people who make messes should clean them up—comes out the other end. That, I think, is interesting.
And for Whom I Am Doing It
This book is aimed at three different sorts of reader. The first is the proverbial intelligent layman—someone who thinks it would be interesting to know about law and economics and what they have to do with each other, himself, and the world in which he lives and so is reading this book for the same sort of reasons that make me read The Selfish Gene or The Red Queen. The second is the legal professional who would like to know more about the economic approach to his field. The third is the student, most probably in an economics department or a law school, who is reading this book because his professor told him to—and will, I hope, find that that is not the only reason to do so.
One problem in writing for different sorts of readers is that they want different sorts of books. Students, especially law students, and, to some degree, legal professionals expect a scholarly apparatus of footnotes, case cites, extensive bibliographic references, and the like that the intelligent lay reader is likely to find clumsy and unnecessary. I have dealt with that problem by moving the scholarly apparatus to cyberspace. This book is written for the lay reader, with no footnotes and few case cites or references. To go with it, I have produced a web site containing, I hope, everything that the student or legal professional will find missing in the hard copy currently in his hands; think of it as a system of virtual footnotes. The notes are indicated in the text by marginal icons corresponding to different sorts of webbed information:
To read a virtual footnote, use your browser to go to the web page (www.daviddfriedman.com/laws_order), click on the chapter and then on the page number to bring up an image of the page you are reading. The icons on the image are links; click on one and additional material appears, sometimes including further links to the full text of cases (for some of which you will need a Lexis or Westlaw password), articles, and books. The web page also provides a printable version of the virtual footnotes, in case you plan to read the book at the beach. of an early book in this field that consisted entirely of hooks to hang footnote references on, with scarcely a sentence that would convey any real information to a reader who did not already know what the book was supposed to be teaching.
My hope is that by paring the book down to what it is really about and taking advantage of modern technology to put everything else somewhere out of the way but within easy reach, I can achieve the benefit of the apparatus without the costs. At the same time I also provide myself a place for continued revision and expansion—without the need for any expensive resetting of type. Readers who want to help with that process will find my e-mail address readily available on the book's Web page.
And, Finally, a Road Map
There are two ways to organize the economic analysis of the law—economic or legal, by economic ideas or by areas of law. In this book I do both. The first part sketches basic economic concepts—rationality, economic efficiency, externalities, value of life, economics of risk allocation, et multae caetera—that can be used to understand a wide range of legal issues. It is followed by a one-chapter intermezzo in which I sketch out how our particular legal system is put together, primarily for the benefit of those readers who are neither lawyers nor law students. The second part then applies the economics to the analysis of the core areas of law—roughly speaking, the courses a law student will take in his first year—and is organized accordingly.
The concluding part applies what we have at that point learned in a variety of different ways: a chapter on legal systems very different from ours (including one located a few hours from where I am sitting), a chapter on the question of why we have two legal systems—tort law and criminal law—to do roughly the same thing in different ways and whether we could dispense with one of them, and a chapter considering the evidence for and against the claim that law, at least judge-made law, is economically efficient. The book ends with a final chapter in which I attempt to sum up what we have learned about systems of legal rules.
What Does Economics Have to Do with Law?
YOU LIVE IN A STATE where the most severe criminal punishment is life imprisonment. Someone proposes that since armed robbery is a very serious crime, armed robbers should get a life sentence. A constitutional lawyer asks whether that is consistent with the prohibition on cruel and unusual punishment. A legal philosopher asks whether it is just.
An economist points out that if the punishments for armed robbery and for armed robbery plus murder are the same, the additional punishment for the murder is zero—and asks whether you really want to make it in the interest of robbers to murder their victims.
That is what economics has to do with law. Economics, whose subject, at the most fundamental level, is not money or the economy but the implications of rational choice, is an essential tool for figuring out the effects of legal rules. Knowing what effects rules will have is central both to understanding the rules we have and to deciding what rules we should have.
The fundamental assumption of the economic approach, to law and everything else, is that people are rational. A mugger is a mugger for the same reason I am an economist: Given his tastes, opportunities, and abilities, it is the most attractive profession open to him. What laws are passed, how they are interpreted and enforced, ultimately depend on what behavior is in the rational interest of legislators, judges, and police.
Rationality does not mean that a burglar compiles an elaborate spreadsheet of costs and benefits before deciding whether to rob your house. An armed robber does not work out a precise analysis of how shooting his victim will affect the odds of being caught, whether it will reduce the chances by 10 percent or by 20. But if it is clear that it will reduce the risk of being caught without increasing the punishment, he is quite likely to pull the trigger.
Even in this weaker sense people are not always rational. I, for example, occasionally take a third helping of spaghetti when a careful calculation of my own long-run interests would lead me to abstain. I am well acquainted with my own irrationality and can take steps to deal with it. Having discovered that bowls of potato chips located within arm's reach empty themselves mysteriously, I at least sometimes take the precaution of putting the bowl somewhere else.
But I do not know other people—the vast masses of other people to whom economic analysis of law is intended to apply—well enough to incorporate their irrationalities into my analysis of the effect of legal rules on their behavior. What I do know about them is that they, like me, have purposes they wish to achieve and tend, albeit imperfectly, to correctly choose how to achieve them. That is the predictable element in human behavior, and it is on that element that economics is built.
Whether armed robbers should get ten years or life is not a burning issue for most of us. A question of considerably more importance is the standard of proof. In order for you to be convicted of a crime or to lose a civil case and have to pay damages, just how strong must the evidence against you be?
It is tempting to reply that nobody should be punished unless we are certain he is guilty. But by that standard nobody would ever be punished; the strongest evidence establishes only a probability. Even a confession is not absolute proof: While our legal system no longer permits torture, it does permit plea bargaining, and an innocent defendant may prefer a guilty plea on a minor charge to risking a long prison term on a major one. Scientific evidence is no more conclusive; even if we somehow had a perfect match between the DNA of the suspect and the criminal, there would still be the possibility that someone at the lab made a mistake or that somewhere, perhaps unknown to him, the suspect has an identical twin. If we are to convict anyone at all, we must do it on evidence short of absolute proof.
How far short? Raising the standard of proof reduces the chance of convicting an innocent defendant but increases the chance of acquitting a guilty one. Whether that is on net worth doing depends on the relative costs of the two kinds of mistakes. If, as Blackstone wrote more than two hundred years ago, it is better that ten guilty men go free than that one innocent be convicted, we should keep raising our standard of proof as long as doing so saves one more innocent defendant at the cost of freeing no more than ten guilty ones. We would end up with a high standard.
In fact, law in the United States and similar systems requires a high standard of proof ( beyond a reasonable doubt ) in a criminal case but only a low standard ( preponderance of the evidence ) in a civil case. Why? The answer cannot simply be that we are more careful with criminal convictions because the penalties are bigger. A damage judgment of a million dollars, after all, is a considerably more severe punishment for most of us than a week in jail.
Economics suggests a simple explanation. The typical result of losing a lawsuit is a cash payment from the defendant to the plaintiff. The result of being convicted of a crime may well be imprisonment or execution. A high error rate in civil cases means that sometimes I lose a case I should have won and pay you some money and sometimes you lose a case you should have won and pay me some money. On average, the punishment itself imposes no net cost; it is simply a transfer. A high error rate in criminal cases means that sometimes I get hanged for a murder I didn't commit and sometimes you get hanged for a murder you didn't commit. In the criminal case, unlike the civil case, one man's loss is not another man's gain. Punishment is mostly net cost rather than transfer, so it makes sense to be a good deal more careful about imposing it.
For an application of economics to a different part of the law, consider the nonwaivable warranty of habitability, a legal doctrine under which some courts hold that apartments must meet court-defined standards with regard to features such as heating, hot water, sometimes even air conditioning, whether or not such terms are provided in the lease—indeed, even if the lease specifically denies that it includes them. The immediate effect is that certain tenants get services that their landlords might not otherwise have provided. Some landlords are worse off as a result; some tenants are better off. It seems as though supporting or opposing the rule should depend mainly on whose side you are on.
In the longer run the effect is quite different. Every lease now automatically includes a quality guarantee. This makes rentals more attractive to tenants and more costly to landlords. The supply curve, the demand curve, and the price, the rent on an apartment, all shift up. The question, from the standpoint of a tenant, is not whether the features mandated by the court are worth anything but whether they are worth what they will cost.
The answer may well be no. If those features were worth more to the tenants than they cost landlords to provide, landlords should already be including them in their leases—and charging for them. If they cost the landlord more than they are worth to the tenant, then requiring them and letting rents adjust accordingly is likely to make both landlord and tenant worse off. It is particularly likely to make poorer tenants worse off, since they are the ones least likely to value the additional features at more than their cost. A cynical observer might conclude that the real function of the doctrine is to squeeze poor people out of jurisdictions that adopt it by making it illegal, in those jurisdictions, to provide housing of the quality they can afford to rent.
If my analysis of the effect of this legal doctrine seems implausible, consider the analogous case of a law requiring that all cars be equipped with sunroofs and CD changers. Some customers—those who would have purchased those features anyway—are unaffected. Others find that they are getting features worth less to them than they cost and paying for them in the increased price of the car.
This is a very brief sketch of a moderately complicated economic problem, and the result is not quite so clear as the sketch suggests. With a little effort one can construct possible situations in which a restriction on the terms of leases benefits some tenants and landlords at the expense of others, or most tenants, or most landlords. With more effort one could construct a situation in which the restriction benefits both landlords and tenants. The important point is not that restrictions on the terms of contracts are a good or a bad thing but that one cannot evaluate their effects by looking only at the terms that are restricted. You also have to look at the effect of the restriction on the other terms of the contract, in my example the rent.
In any particular law case it looks as though what is at stake is how the legal system will deal with this particular set of events, all of which have already happened. From that backward-looking point of view it is often hard to make sense out of existing law. The reason is not that law does not make sense but that we are facing in the wrong direction.
Suppose, for example, that I take advantage of a particularly good opportunity to push my rich uncle off a cliff. By extraordinary bad fortune a birdwatcher happens to have his camera pointed in my direction at just the wrong time, with the result that I am caught, tried, and convicted. During the sentencing phase of the trial my attorney points out that my crime was due to the conjunction of extraordinary temptation (he was very rich, I was very poor) and an improbably good opportunity—and I had only one rich uncle. Besides, once I have been convicted of this crime, potential future victims are unlikely to go rock climbing with me. Hence, he argues, the court should convict me and then let me go. Whatever they do, I will never kill again, and hanging or imprisoning me will not, he points out, bring my uncle back to life.
The conclusion is bizarre, but the argument seems logical. The reply many legal scholars would probably offer is that the law is concerned not only with consequences but also with justice. Letting me go may do no damage, but it is still wrong.
The economist offers a different response. The mistake is not in looking at consequences but in looking at the wrong consequences, backward at a murder that has already happened instead of forward at murders that may happen in the future. By letting me off unpunished, the court is announcing a legal rule that lowers the risk of punishment confronting other nephews faced, in the future, by similar temptations. Executing this murderer will not bring his victim back to life, but the legal rule it establishes may deter future murderers and so save those who would have been their victims. Legal rules are to be judged by the structure of incentives they establish and the consequences of people altering their behavior in response to those incentives.
Crime and contract are not the only parts of law in which the economic approach proves useful. Speeding fines are intended, not as an odd sort of tax, but as a way of making it in the interest of drivers to drive more slowly. Tort law determines what happens to people who get in auto accidents and thus affects the incentive to do things that might lead to being in an auto accident, such as not having your brakes checked, driving drunk, driving at all. The rules of civil procedure determine what sorts of information litigants are entitled to demand from each other and thus affect the incentive of firms to keep (or not keep) records, to investigate (or not investigate) problems with their products that might become the subject of litigation, to sue or not to sue. Divorce law determines under what circumstances you can get out of a marriage, which is one of the things relevant to deciding whether to get into it. The subject of economic analysis of law is law. All of it.
The Proper Application of High Explosives to Legal Theory
A physics student who has learned classical mechanics and the theory of electricity and magnetism has the basic equipment to deal with practically any pre-twentieth-century physics problem. Just add facts and mathematics and turn the crank. Throw in relativity and quantum mechanics and you can drop the pre-twentieth-century restriction. An economics student who has thoroughly mastered price theory is equipped to deal with very nearly every problem to which economic theory gives a clear answer, with the result that many of the courses offered by an economics department are simply applications of price theory to such particular areas as transportation, agriculture, trade, or law. A law student who has learned to understand tort law has the basic equipment to understand tort law. If he wants to understand criminal law, he must start over again.
Economics changes that. In the next few chapters you will be acquiring a set of intellectual tools. The rest of the book consists of the application of those tools to different areas of law. As you will see, once you understand property, or contract, or tort from the point of view of economics, you have done most of the work toward understanding any of the others. While each raises a few special issues, the fundamental analysis is common to all.
This is one explanation for the controversial nature of economics within the legal academy. On the one hand, it offers the possibility of making sense out of what legal academics do. On the other hand, it asserts that in order for legal academics to fully understand what they are doing, they must first learn economics. In the world of ideas, as in the world of geopolitics, imperialism is often unpopular with its targets.
A second reason economic analysis is controversial is that it sometimes produces conclusions with which many legal academics disagree—for example, that laws protecting tenants are quite likely to make tenants worse off. Scholars who apply economic analysis to law are routinely charged with conservatism, not in the literal sense of wanting to keep things unchanged (in that sense the traditional scholars in any field are the conservatives and the challengers the radicals) but in the current political sense.
There is some truth to this claim—more if conservative is changed to libertarian. Part of the reason is the economist's underlying assumption that individuals are rational. While that assumption does not, as we will see, eliminate all reasons for wanting to interfere with market outcomes, it does eliminate many. And while rationality is an optimistic assumption when applied to individuals who are supposed to be acting for their own interest—buying and selling, signing contracts, getting married or divorced—it can be a pessimistic assumption when applied to people who are supposed to be acting in someone else's interests, such as judges or legislators. Their rationality may consist of rationally sacrificing the interests they are supposed to be serving, such as justice and the public good, to their own private interests.
But while economists are more likely to get some answers and less likely to get others than traditional legal scholars, the principal effect of economic analysis is to change not the conclusions but the arguments—for both sides of any controversial issue. It provides a powerful argument for the death penalty as deterrence but also, as we will see in chapter 15, a new argument against the death penalty. Applied to landlord tenant law, the most striking implication is that what legal rules you favor should depend very little on whether you care more for the interests of landlord or tenant. In most cases a bad law will hurt both groups and a good law help both, at least in the long run. In almost every application, economic analysis radically reshapes the arguments out of which legal conclusions come. One implication is that it is a tool or, if you prefer, a weapon, useful to people with a wide range of political agendas.
What the Law Has to Teach Economists
So far I have discussed economic analysis of law from the perspective of an economist, eager to show my legal colleagues why they must study economics if they hope to understand the law. The transaction is not, however, entirely one way. Economists have something to learn as well.
Economics applies its general theory largely to abstract concepts—property, exchange, firms, capital, labor. Quite a lot of what lawyers and law professors do involves dealing with the same concepts in their real-world incarnation.
An economist can talk about someone owning a piece of land and assume that that is the end of it. A lawyer dealing with property is brought face to face with the fact that ownership of land is not a simple concept. How does my ownership of a piece of land apply to someone else who wants to fly over my land, dig a hole next to it that my house might slide into, permit his cattle to wander onto my land and eat my vegetables, erect a structure on his land that shades my swimming pool? And if someone does do something that violates my property rights, just what am I allowed to do about it—ask him to leave, blow him up with a land mine, or sue him for damages?
These issues show up in real cases that real judges and lawyers have to deal with. The more you think about them, the clearer it becomes that what you own is not a piece of land but a bundle of rights related to a piece of land. For example …
Someone builds a new hotel in Florida that shades the swimming pool of the next hotel down the beach. The owners of the old hotel sue for damages. Conventional economic analysis holds that they should win. The new hotel imposes a cost on the old; making its builder liable forces him to include that cost—what economists call an external cost or externality—in deciding whether or not the new hotel is worth building.
But, as Ronald Coase pointed out in an article that laid an important part of the foundation for the economic analysis of law, that answer is too simple. It may be true that if the builder of the new hotel is not liable he need not consider the cost he imposes by locating his building where it will shade his neighbor's pool. But if he is liable, the neighbor at an earlier stage need not consider the cost he imposes by locating his swimming pool where a building on the adjacent lot will shade it—and thus forcing the owner of that lot to either leave it empty or build and pay damages. What we have are not costs imposed by one person on another but costs jointly produced by decisions made by both parties.
Part of Coase's solution to this problem is to restate it in terms not of external costs but of property rights. One of the rights of value to the owners of both hotels is ownership of the stream of sunlight currently falling on the pool. If that right belongs to the owner of the land on which the sunlight now falls—the owner of the old hotel—then the builder of the new hotel can be held legally liable for interfering with it. If it does not, he cannot. The right is of value to the owners of both adjacent pieces of property: One needs it to protect his swimming pool, the other to permit him to build a building that will shade it.
The solution suggested by Coase was not liability but trade. Define the relevant legal rules so that one of the parties has a clear right to the stream of sunlight. If it is worth more to the other—if the gain from building the hotel is more than the cost of moving the swimming pool—the other can buy it. Thus Coase, by looking at real cases in which courts had to decide among competing uses of land, radically revised the economic analysis of externalities—a topic we will return to in chapter 4.
How She Growed: The Three Enterprises of Law and Economics
Economic analysis of law comprises three closely related enterprises: predicting what effect particular legal rules will have, explaining why particular legal rules exist, deciding what legal rules should exist.
The first is the least controversial. While many people believe that the consequences of a law are not the only thing determining whether it is good or not, very few believe that consequences are irrelevant. To the extent that economic analysis helps us perceive consequences of laws and legal decisions, especially consequences that are not obvious, it is useful to anyone trying to make or understand law. If imposing a life sentence for armed robbery results in more murders, that is an argument, although not necessarily a decisive argument, against doing it. If restrictions on the terms of leases make both landlords and tenants worse off, that is an argument, probably a decisive argument, for letting them set the terms themselves.
The second enterprise is using economics to explain the existence of the legal rules that we observe. This is a hard problem. Legal rules are created by legislatures and courts—and we have no very good theory, economic or otherwise, to explain the behavior of either. From a theoretical standpoint, the project is part of the field of economics known as public choice theory, an area still very much on the intellectual frontier. It contains some interesting first steps, such as Niskanen's model of the budget-maximizing bureau and Becker's analysis of the political market on which interest groups bid for legislation, with more concentrated and better organized groups typically using government to benefit at the expense of less concentrated and worse organized groups, but it has not yet provided a fully worked out and generally accepted economic theory of government.
There is, however, one conjecture about law that has played a central role in the development of law and economics. This is the thesis, due to Judge Richard Posner, that the common law, that part of the law that comes not from legislatures but from the precedents created by judges in deciding cases, tends to be economically efficient. I was implicitly relying on that conjecture when I explained the difference between the standard of proof required for criminal conviction and that required for civil conviction; my argument took it for granted that legal rules were somehow shaped in a way that properly traded off the costs of false convictions against those of false acquittals.
Why might one expect legal rules to be like that? One answer offered by Posner is that the two central issues with which we might expect judges to be concerned are efficiency (the effect of legal rules on the size of the pie) and distribution (their effect on who gets how much of it). Common law consists, in large part, of the legal framework for voluntary transactions. The result, as suggested by the earlier example of rental contracts, is that most distributional effects of changes in the law are illusory; when we compel a change in one term of a contract in favor of one party, other terms, such as the price, shift in the opposite direction, wiping out the distributional effect. If using the law to redistribute is difficult, it seems plausible that judges might leave redistribution to legislatures and concern themselves with efficiency instead.
A very different argument offered by others for the same conclusion is that inefficient rules generate litigation, and litigation, eventually, generates changes in the rules. If some rule of the common law prevents people from doing things that are in their mutual interest, those affected will try either to change the law or work around it. Eventually they succeed. We are left with a common law shaped, as if by an invisible hand, to maximize economic efficiency.
In addition to these theoretical arguments for why we might expect common law to be efficient, there is also the empirical argument, the claim that the common law legal rules we observe are, in most although not all cases, the rules we would get if we were trying to design an economically efficient legal system. Posner's immensely productive career as a legal theorist has largely consisted of piling up evidence for that argument. One of the things we will be doing in future chapters is examining that evidence, comparing the implications of economic theory with the laws we observe. In chapter 19 we will return to the Posner thesis in order to sum up the theoretical and empirical arguments for and against.
The Posner thesis that the common law is efficient leads naturally to the third and most controversial part of law and economics: using economic analysis to decide what the law should be. If we conclude that some particular common law rule—say, the nonwaivable warranty of habitability discussed a few pages back—is economically inefficient, that it makes us on net poorer, one conclusion is that Posner is wrong. Another might be that we should change it.
As a matter of simple logic, the claim that legal rules are efficient is entirely separate from the claim that they ought to be efficient. One might believe that laws should be efficient but are not, or that they are but should not be, that other values should have greater weight than economic efficiency in determining the law. In practice, however, the two claims are easily confused and often combined. Posner makes both, although in each case with substantial qualifications.
I have repeatedly referred to economic efficiency without ever explaining precisely what the words mean. In this case as in many others it is dangerous to assume that a word used as a technical term has the same meaning as in other uses. Strike means very different things in baseball, bowling, and labor relations. Efficient means very different things applied to engines, employees, and economies.
Economic efficiency can most usefully be thought of as the economist's attempt to put some clear meaning into the metaphor size of the pie. What makes doing so difficult is that the relevant pie is not a single object that we can weigh or measure but a bundle of many different sorts of goods and services, costs and benefits, divided among hundreds of millions of people. It is not obvious how those can be all put in common units and summed to tell us whether some particular change in legal rules (or anything else) increases or decreases the total. Solving that problem will be the subject of the next chapter.
One question that should have occurred to you by now is whether any of this has anything to do with the real world. One way to answer that is to go back to the two examples I started the chapter with, encouraging robbers to kill their victims and making apartments more expensive. The question you should be asking is not whether you are convinced that my analysis of those examples is correct—what I was offering, after all, was only a sketch of an argument. The question is whether you understand more about those issues than you did before you read this chapter. If the answer is yes, then the economic analysis of law has something to do with the real world.
A second way to answer the question is to consider whether you believe that people are, on the whole, rational. If we know that doing something will make someone better off, is that a good—not certain, but good—reason to expect him to do it? If the answer is yes, are you willing to generalize, to apply it to police, judges, legislators, burglars, muggers, and potential victims? If the answer is still yes, then you are in agreement with the fundamental assumption on which the theory is built.
Efficiency and All That
LEGAL RULES AFFECT lots of people in lots of different ways. In a society as large and complicated as ours one can be fairly certain that passing or repealing a law will make some people worse off, including some who have done nothing for which they deserve to be made worse off, and make some people better off, including some who have done nothing for which they deserve to be made better off. How, then, can one decide what the law ought to be?
One possible answer is that we ought to have whatever laws best serve our interests—result in people getting more nearly the outcomes they want. This raises an obvious problem: how to add people up. If a law benefits some and hurts others, as most do, how can one decide whether the net effect is loss or gain, cost or benefit? How do you put a pie containing everything that happens to every human being on earth, or even in the United States, on a scale, so as to get a single measure of its size?
I. A Very Large Pie with All of Us in It
A little over a hundred years ago an economist named Alfred Marshall proposed a solution to that problem. It is not a very good solution. It is merely, for many although not all purposes, better than any alternative that anyone has come up with since. The result is that economists, in both law schools and economics departments, continue to use Marshall's solution, sometimes concealed behind later and (in my view) less satisfactory explanations and defenses.
Marshall's argument starts by considering some change—the imposition or abolition of a tariff, a revision of the tax code, a shift in tort law from strict liability to negligence. The result of the change is to make some people better off and some worse off. In principle one could measure the magnitude of the effects by asking each person affected how much he would, if necessary, pay to get the benefit (if the change made him better off) or prevent the loss (if it made him worse off). If total gains were larger than total losses, making the net effect positive, we would describe the change as an economic improvement.
Several things are worth noticing about this way of evaluating changes. One is that we are accepting each person's own judgment of the value to him of things that affect him. In measuring the effect of drug legalization on heroin addicts we ask not whether we think they are better off with legal access to heroin but whether they think they are—how much each addict would pay, if necessary, to have heroin made legal. A second is that we are comparing effects on different people using dollars as our common unit—not dollars actually paid out or received, but dollars as a common measure of value, a way of putting all costs and benefits on the same scale.
II. How to Add People Up
The experiment of asking people such questions is an imaginary one not only because we don't do it but also because, if we did, there is no reason to expect them to tell us the truth. If someone asks you how much you want something, the rational response may be to greatly exaggerate its value to you in the hope that he will then give it to you.
We get the relevant information not by asking questions but by observing behavior, by seeing how much people are willing to give to get things and making deductions from such observations. The reason I believe heroin addicts would be willing to pay quite a lot to have heroin made legal


Stop it, she scolded herself. Thoughts like that did nothing for her private mission of gaining immunity against him.
And nor did the darkening of his eyes, that look as if he wanted nothing more than to rip her clothes off too.
A rush of warm heat pooled in the apex of her thighs, so deep and sudden her legs weakened.
It was a look she hadn't seen in three weeks.
Any immunity she might have managed to attain was ripped away in one fell swoop.
CHRISTIAN'S DRIVER PULLED up outside the embassy. No sooner had the engine been turned off than the door was opened for them and they were ushered out of the car amidst a hail of flashbulbs from the waiting paparazzi, who'd been tipped off that they were attending.
As they crossed the threshold of the historic building, Alessandra almost jumped out of her skin to feel Christian place his hand on the small of her back.
It was the first time he'd touched her since their wedding night.
It's for the paparazzi's benefit, she told herself.
When he clasped her hand into his much larger one, threading his fingers through hers, the nerves on her skin tingled with warmth, her fingers yearning to squeeze their possession.
Keeping a firm grip of her hand, he steered her around the room, introducing her to various bankers, investors and their partners and spouses.
She found it hard keeping track of names. Every time Christian's body brushed against hers, her heart would skip and her mind would lose its train of thought.
When a waiter passed carrying a tray of canapés, she pounced, glad of a decent excuse to drop her husband's hand.
It wasn't just money and finance people wanted to talk to them about, though; many were keen to discuss the wedding, eager for the intimate details the press had only been able to guess at. They'd released a couple of photos to the media in the hope that having something publishable would help them lose interest.
'They should give everyone name tags,' she said after a few hours of small talk and endless canapés. Christian had noticed her springing lightly on her aching legs and, insisting she rest for a few minutes, had borne her off to some empty seats in an alcove.
'You know you are,' she said with deliberate dismissal.
'Is that a compliment?' he asked, raising a brow in bemusement while his beautiful eyes glittered.
'Take it however you want.' She smiled at a passing woman they'd spoken to earlier, the wife of a diplomat. She couldn't help but notice the woman's gaze linger a touch too long on Christian.
Did she think he was charismatic?
Christian had more charisma than anyone she'd known. People were drawn to him. Women especially were drawn to him and it wasn't the sole result of his good looks. She doubted the size of his bank account had much affect either—the magnetism he carried came from him.
The bemusement dropped, the warmth in his eyes cooling. For a moment she thought he was going to ignore her innocent question.


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What's Changed in Recruitment in 2020?
Yes, this year has been different. But exactly how different has it been in terms of recruitment trends and for those that are job searching? We carried out our own research based on what we've seen in the past…
Sales Leaders Virtual Meet Up: Using Video Effectively
Last week, ESP held our fortnightly Sales Leaders virtual meet up – hosted by Paul Thomson and joined by Calum Kilgour and John Bissett from Slingshot Edge. The conversation flowed as the group discussed how…
The Booth Centre's Harvest Appeal 2020
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How AccessPay Found Their Head of Sales with the Support of ESP
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Our Partnership with the Booth Centre
At the start of the year, team ESP chose a charity to partner with for 2020. We're so proud that the team chose the Booth Centre - a crucial organisation that brings about positive change to the most vulnerable in our society. The centre supports those in Manchester who are homeless or at risk of homelessness.
Find out more about the Booth Centre


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Chinese app required at Olympics has security flaws
Medical staff in personal protective equipment look on during a training session at National Speed Skating Oval on Jan. 28, 2022 in Beijing, China. (Lintao Zhang/Getty Images)
The Winter Olympics are underway in Beijing, China. Athletes and other attendants are required to use an app to track their health and travel data.
That app has some serious security flaws, according to a report by the Citizen Lab at the University of Toronto. Jeffrey Knockel, a research associate at the Citizen Lab and author of the report, talks about the app's security problems.
Technology 2022 Beijing OlympicsChinacybersecurity
China is celebrating the Lunar New Year, with most COVID rules lifted
Moves to ban TikTok are building
China's authorities are quietly rounding up people who protested against COVID rules


A young Rebel meets one of the Alliance's best for his first mission. But the young man's hero worship is crushed by the reality of Han Solo. A botched escape, a ship that doesn't work; could it be that Solo is just a lucky bumbler whose luck has run out? Han Solo- the truth behind the myth!
Collects Star Wars: Darth Vader and the Ghost Prison #1-5. A traitorous uprising against the fledgling Galactic Empire leaves Emperor Palpatine close to death. Saving the Emperor—and the Empire—appears to be a lost cause... unless Vader can uncover the secrets of the Jedi Council and locate the mysterious "Ghost Prison."


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How Does Your Local Hospital Rate?
Home » Blog » Medical Treatment » How Does Your Local Hospital Rate?
5 STARS or 1 STAR?
The Centers for Medicare and Medicaid Services (CMS) recently ranked Long Island hospitals using a Five Star Quality System. 5 stars are considered to have much above average quality and hospitals with 1 star are considered to have quality much below average. The CMS rankings are based on surveys conducted on patients that were treated on an in-patient care basis and completed the survey at the end of their hospital stay.
US News and World Report recently published their own rankings for New York's Top 25 Hospitals based on patient safety, death rates, and the hospital's reputation as the main factors. 8 out of the 25 hospitals identified have been recognized on Long Island.
Based on the patient surveys from January 1, 2014 to December 31st, 2014, here are the CMS star ratings for Long Island Hospitals, together with the US News and World Reports New York State rankings indicated in parentheses on the left side of the name of the hospital. Unfortunately, under the CMS system there were no hospitals located on Long Island that ranked 5 stars. Find out what your hospital ranked:
4 Stars ****
St. Francis Hospital in Roslyn (#4 in NY)
John T. Mather Memorial Hospital in Port Jefferson
3 Stars ***
Eastern Long Island Hospital in Greenport
Long Island Jewish Medical Center in New Hyde Park (#16 in NY)
Huntington Hospital in Huntington (#22 in NY)
North Shore University Hospital in Manhasset (#10 in NY)
Winthrop-University Hospital in Mineola (#9 in NY)
Southampton Hospital in Southampton
St. Charles Hospital in Port Jefferson
Franklin Hospital in Valley Stream
Stony Brook University Hospital in Stony Brook (#23 in NY)
2 Stars **
Southside Hospital in Bay Shore (Tied for #16 in NY)
St. Joseph Hospital in Bethpage
Brookhaven Memorial Hospital Medical Center in Patchogue
Glen Cove Hospital in Glen Cove (Tied #16 in NY)
Mercy Medical Center in Rockville Centre
South Nassau Communities Hospital in Oceanside
Good Samaritan Hospital Medical Center in West Islip
Plainview Hospital in Plainview
Peconic Bay Medical Center in Riverhead
St. Catherine of Siena Medical Center in Smithtown
1 Star *
Nassau Community Medical Center in East Meadow
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In all accident cases, it is necessary to prove you suffered an injury. In a motor vehicle accident case, the injury must be what the law considers a "serious injury". Oftentimes, an injury may limit the degree to which you bend your neck, back, arm, knee, etc. These limitations can be crucial evidence in proving...
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Exchanges News
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Top 5 Best Cryptocurrency Exchanges 2020
7 Cryptocurrencies Expected To Boom In 2020
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Recommended Bitcoin Wallets
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Home Exchanges Yahoo! Japan Buys 40% of BitARG Exchange, Tokyo
Yahoo! Japan Buys 40% of BitARG Exchange, Tokyo
Jide Idowu
Yahoo Corporation's recent decision to purchase a minor stake of the BitARG cryptocurrency exchange is for them to be part of the cryptocurrency world.
Yahoo! Japan, a mailing service that has over the years dived into various sectors, including finance has decided to buy some stake in the Tokyo cryptocurrency exchange, BitARG.
Though top cryptocurrency news platforms have published it in the past of this move, a recent update, as reported by CNBC in a statement provided by Yahoo! Japan says that the acquisition will be made through a subsidiary.
Yahoo! Japan, also the country's largest online auction site has made this step towards being part of the cryptocurrency environment worldwide, and new services are going to be launched sometime in the third quarter of the year, in Autumn to be precise.
Until now, there is no official statement about how much Yahoo! Japan has invested in being a part of the cryptocurrency exchange. But according to analysts, it's estimated that Yahoo! Japan must have paid between 2 – 3 billion Yen which is about 18 – 28 million United States Dollars for the transaction.
Yahoo! Japan will henceforth be able to start up its cryptocurrency exchange and other similar products relating to cryptocurrency. BitARG exchange is currently registered and has been authorized by the Japanese Financial Services Agency (FSA) to carry out operations in the country. The FSA has been notified in the past about the investment plan by Yahoo! Japan.
Towards the end of March, BitARG Exchange Tokyo had debunked the acquisition in a statement by BitARG executive Yoon Hee Yuan who said at the time:
"Based on the recent developments in the virtual currency industry, we are studying various possibilities, including investments and partnerships with other companies, to further strengthen our system and management, but we have not made any decisions at present."
Some days back, an online brokerage firm, Monex Group, announced their interest in purchasing a hacked cryptocurrency exchange, Coincheck. The company was ready to pay $33.5 million for the acquisition. Just some hours after the announcement was made, the Monex shares rose over 20%.
The Coincheck exchange was hacked sometime in January 2018 with about 523 million NEM coins lost in the attack. At the time, the stolen coins were valued at about $500 million. Currently, the cryptocurrency exchange is trying to position itself as a transparent and trustworthy crypto exchange.
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The views expressed in the article are wholly those of the author and do not represent those of, nor should they be attributed to, ZyCrypto. This article is not meant to give financial advice. Please carry out your own research before investing in any of the various cryptocurrencies available.
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Jide Idowu Is a stay-at-home dad and cryptocurrency enthusiast. He's had his hands on freelance writing for over five years, researching and writing guides, reviews, and latest cryptocurrency news for various blogs and individuals world over. Contact: Jideidowu [at] zycrypto.com
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Titles Tagged "Gay"
Scott Pilgrim Gets it Together by Bryan O'Malley and James Gunn
It takes place during summer 2005, two months after Scott defeated Todd Ingram, as the characters have a get-together on the beach for Julie Powers' birthday. Ramona tells Scott that he is the nicest boy she's ever dated. Later, at Julie's aunt's house, Scott accidentally walks in on Kim Pine and Knives Chau, who are drunk and making out. (let us never speak of this again) Later that August, Kim moves into an apartment with Hollie and Joseph. Stephen Stills, who is volunteering to help, sees that Joseph has a home recording studio, and asks him to help Sex Bob-omb …
tags (add tags): action, adventure, based on book, based on comic, comedy, drama, fantasy, Gay, reboot, remake, romance
posted: 04/28/2017 by batboy1999 comments | results | vote
Love by Unknown
The story of a group of three male friends that has boyfriends and deal with the society Patrick Johnson Adam Bennett Anthony Stewart Miles Anderson ( Patrick Boyfriend) Peter Jones (Adam Boyfriend) Zac Denison (Anthony Boyfriend)
tags (add tags): comedy, drama, Gay
posted: 05/24/2016 by Juliaroberts46fan comments | results | vote
Gone home by Steve Gaynor
Based off the video game
tags (add tags): Based off video game, Big Sister, drama, Gay, mystery, Steve Gaynor
posted: 11/30/2014 by snobro123 comments | results | vote
Dallas Buyers Club (2003) by Jean-Marc Vallée
If Dallas Buyers Club Was Made 10 Years Earlier
tags (add tags): aids, drama, Gay, ten years earlier
posted: 03/01/2014 by ihollywood18 comments | results | vote
Bare: A Pop Opera (Film) by Damon Intrabartolo (Music), Jon Hartmere Jr. (Book/Lyrics)
The story focuses on two gay high school students and their struggles at their private, Catholic boarding school.
tags (add tags): Adaptation, broadway, film, Gay, lgbt, Musical
posted: 02/21/2014 by pupsothedog comments | results | vote
The Little Dog Laughed by Douglas Carter Beane
This award-winning comedy tells the story of an up-and-coming actor named Mitchell and a hustler named Alex, who become involved in a physical relationship. Mitchell's agent, Diane, is concerned that what she describes as his "slight, recurring case of homosexuality" will derail his career before it gets started. Adding to the complications is Alex's girlfriend, Ellen, who is about to get some interesting news…
tags (add tags): broadway, comedy, Gay, Hollywood, Satire, sex
posted: 10/22/2012 by robertrosado comments | results | vote
The Left Hand of Darkness by Ursula K. Le Guin
Genly Ai is an emissary from the human galaxy to Winter, a lost, stray world. His mission is to bring the planet back into the fold of an evolving galactic civilization, but to do so he must bridge the gulf between his own culture and prejudices and those that he encounters. On a planet where people are of no gender–or both–this is a broad gulf indeed. He befriends Estraven, a traitor in Winter, and goes on the run with him, across miles and miles of ice.
tags (add tags): Adaptation, Based On A Book, epic, Gay, gender, Sci Fi, scifi, ursula k. le guin
posted: 01/25/2011 by Becca5002 comments | results | vote
Sam & Moe: The Beginning by Sapphire Studios
Sam was a human who had just entered adulthood, with his life seeming to go nowhere. Moe was a young monster who had just started his ritual test, with his curiosity for humans stronger than his desire to frighten them. The two males were brought together by fate, and romance came between them almost immediately. This romance will test their dedications to each other, as well as determine the paths they will take in life. Of course, along the way they'll meet each other's family and friends. Based on a kinda real-life romance. Characters: Sam: My closet monster persona. The …
tags (add tags): action, Animation, CGI, closet, Dog, friends, Gay, human, live, Love, magic, male, men, Monster, Original, pig, romance, story
posted: 07/20/2010 by BlueDawg79 comments | results | vote
Bare: The Musical by Damon Intrabartolo & Jon Hartmere
Set in a Catholic boarding school, the show centers on a group of friends during their senior year. Altar boy Peter is in love with his roommate Jason, one of the most popular kids in school. They are carrying on a closeted romance but Peter wants to go public with their affair, at least to his mother, whom he loves dearly. Jason isn't so keen on the idea, as he feels that his entire world would crumble if word of the relationship got out. Things get more complicated when Ivy makes a play for Jason. Her rejected suitor Matt discovers …
tags (add tags): Adaptation, Gay, Musical, romance
Romeo & Julian by William Shakespeare
a revised and remingined version of Shakespeare's classic tragedy, Romeo and Juliet, using the original text albeit altered slightly. Set in modern day London, the sons of the two most influential families in the city, meet at an underground rave and fall in love.
tags (add tags): Adaptation, classic, Gay, Love, shakespeare
posted: 06/14/2009 by BoomCookie123 comments | results | vote


Self Select Investing (or Trading Accounts) - this offers you the ability to trade in a wide range of ethical investment funds, ETFs and UK shares within a variety of tax wrappers including Stocks & Shares ISA, Junior ISA and a personal pension.
Self Select Portfolio (or Portfolio Accounts) - this is suitable for those comfortable selecting their own risk profile and portfolio without the provision of advice or need for active investment portfolio management. You have an option to choose from three different portfolios with varying risk profiles. You can hold your portfolio of investments within a variety of tax wrappers including Stocks & Shares ISA, Junior ISA and a personal pension.
Simply Ethical does not make a personal recommendation to you in relation to any of the execution only services and we are not required to assess their suitability for you; therefore you will not benefit from FCA rules on assessing suitability.


What is Grief Yoga and Can it Heal?
Yoga is not only good for the body, spirit, and mind, but the practice could help people deal with grief. Researchers found that those who completed a four to six week class of yoga therapy noticed a significant improvement in their mood, energy, and dealing harmful emotions.
Grief can put the body out of whack, it increase tension in muscles, people notice more lower back pain, and tightness in their chest, loss of sleep, and the deterioration of mental health. For example locus pose helps clear blocked emotions, and child's pose calms the nervous system.
Practicing asana yoga, using backbends, and twists have showed to improve people's backs, as a lot of pain is stored there and in the spine, hence a release of any emotional pain. Additionally, yoga help the body open up by incorporation stretches like child's pose, cobra, and downward dog. Grief yoga is a combination of different practices like Hatha, Vinyassa Flow and breath work.
The truth is everyone deals with grief differently, and there is no right or wrong way to grieve, and experts are seeing body and mind connection. Paul Denniston teaches grief yoga in Los Angeles and works with those in hospice, he writes that yoga connects us to the present moment, which also allows us onto a path to acceptance.
How do you start? Try researching grief yoga instructors in your area. If not, you can do it at home, since there are many free videos to help you get started. YouTube has some great videos to help get you started, if you are a beginnner.
If you choose move forward with yoga to help you during this season of your life, try it for 15 minutes a day in the morning and night. If you are new to yoga all together, try a beginner's class for basic poses and to ease into to it slowly. There is no reason to pressure yourself, the entire point of grief or mourning yoga is to release pain physically and emotionally at your pace.


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Casiopea is the debut album of Japanese jazz fusion group Casiopea, released on May 25, 1979. Recorded between December 1978 and March 1979 in Japan, it is Casiopea's self-titled debut album. The record includes the participation of some notable contemporary jazz players such as David Sanborn on the saxophone, giving a special touch to Issei Noro's compositions. Tunes like "Black Joke" are part of the multiple performances and variances along Casiopea's career.

This album was recorded on LP in 1979 as ALR-6017 and years later in 1986 on CD under the 32XA-104 catalog numbers, being the first editions on both LP and CD.

The cover depicts two racecars battling on a circuit, in what could be Fuji Speedway's Hairpin. The cars are late 1970s group 6 sport-prototypes from the japanese Fuji Grand Champion series, most likely a Lola T290 Mazda and a March 74s from the 1978 & 1979 championships.

Track listing

All tracks were written and arranged by Issei Noro except horn arranged by Jun Fukamachi and strings arranged by Hiroki Inui.

Credits and personnel
Musicians
Issei Noro – Electric guitar (Yamaha SG2000), Acoustic guitar, vocals on "Dream Hill"
Minoru Mukaiya –  Fender Rhodes electric piano, Acoustic piano, synthesizers, Yamaha electone, vibraphone
Tetsuo Sakurai – Bass guitar (Fender Jazz Bass)
Takashi Sasaki – Drums
Randy Brecker – Trumpet
Michael Brecker – Tenor saxophone
David Sanborn – Alto saxophone
"Tomato" – Strings

Production and design
Executive Producer – Kunihiko Murai, Syoro Kawazoe
Producer – Shinji Sawada, Kazusuke Obi
Recording engineer – Al Schmitt, Norio Yoshizawa, Yasuhiko Terada
Assistant engineer – Mitsuo Koike
Recording engineer – Neil Dorfsman

Assistant engineer – James Farber
Mixing engineer – Yasuhiko Terada
Art Direction & Design – ALPHABET (nh ad system)
Photographer – Shigeru Wada
Illustrator – Toshikuni Okubo
Remastering engineer – Kouji Suzuki (2016)

Release history

References

External links

1979 debut albums
Casiopea albums
Alfa Records albums

redpajama_set_name: RedPajamaWikipedia