Just a note for those not in my class who are looking for civ pro exam questions. They are all available here. (Warning for those in my class: not all of these are suitable for you - some cover material we will not do this semester.)
I've posted the grades for Conflicts. It was a good set of exams. In particular, there was no exam I could feel comfortable giving a B- or lower, so I jiggered the grades to avoid that and still stay (barely) within the mandatory curve range...
I thought I would say a bit more about my (partial) critique of Larry Kramer’s solution to the problem of unprovided-for cases, which I discussed in class. An unprovided-for case is one in which it looks as if neither state is interested in its law applying. An example is Neumeier. An Ontarioan, who was a guest in a New Yorker’s car, sues the New Yorker in New York state court for negligence in connection with an accident in Ontario. Ontario has a guest statute, which bars a guest from suing a host for negligence. New York doesn’t.
In his article defending Erie, Ernest Young questions my conclusion (in Erie’s Suppressed Premise) that Georgia is still committed to a Swiftian view of the common law. Since I spoke about Georgia’s Swiftian approach in class in Conflicts, this also is an opportunity say a bit more about the topic for my students.
My next two posts are on a massive and wide-ranging article by Ernest Young (brought to my attention in Larry Solum’s blog) in which he responds to my reading of Erie. In this post I wanted to discuss just how much Young and I agree on the deep structure of the constitutional argument in Erie (something that one might not recognize from reading Young’s article).
Magic Flute Charming version done by Ingmar Bergman (in Swedish) for Swedish TV
Wim Wenders, Himmel über Berlin I'm a sucker for this movie, mostly because it reminds me of Berlin in the late 80s. The Peter Falk stuff can get tiresome. At 11:50, you can see the Cinema Paris on the Ku'damm, which is where I first saw the movie. I remember at the time that it was an odd experience to see in a movie the very place where I was watching the movie. One of my favorite scenes is at 1:33:00