Len Berman: Top 5 Sports Stories

TGIF everyone here's my Top 5 for December 7, 2012 from Len Berman at www.ThatsSports.com.

1. Quick Hits

• NHL optimism? Never mind.
• Thursday night football: Make it eight straight wins for Peyton Manning and the Denver Broncos as they beat Oakland 26-13.
• According to the San Diego Union-Tribune the Chargers will fire coach Norv Turner and general manager A.J. Smith after the season. Chargers ownership calls it "pure speculation."
• No Carmelo? No Amar'e? No problem. The Knicks drub Miami 112-92.

2. Political Football

Finally they're talking about important stuff on the floor of the Senate. Majority Leader Harry Reid in one fell swoop took shots at the Washington Post sports section as well as the New York Times, and then he compared the Republican Party to the New York Jets with their three quarterbacks. He said the Republicans don't have anybody to run the show, just like the Jets. Of course Jets owner Woody Johnson backed Mitt Romney. Political payback?

3. Just for Kicks

NFL Commissioner Roger Goodell has thought about eliminating kickoffs. He told Time that here's what he might like to do. The kicking team would get the ball on its own 30, basically a fourth down and 15. They could go for it or punt. Yes, that's safer but it would radically change the game eliminating a potentially exciting play. And it would also radically change the commercial landscape. "This fourth and 15 is brought to you by Geico... 15 minutes..." Now it's your turn to come up with some new wacky NFL rules. How about five downs? You can never have enough offense.

4. Friday eMailbag

With the Jets quarterback issues, C.A. writes, "The old adage is that 'If you have two starting quarterbacks, you have no quarterbacks.' So what does the mean for the New York Jets who claim three starting quarterbacks?"

Baltimore's Ed Reed complained that the NFL is turning into a "powder puff" league in an attempt to cut down on injuries. G.L. writes, "There's an apropos line in Don Quixote that goes something like, 'Whether the stone hits the bird or the bird hits the stone, it's going to be bad for the bird.' Doesn't Ed Reed realize that when he's knocking an offensive player into next week with a helmet-to-helmet hit, his bell is being rung, as well? The attempts at safety are designed to protect all players, not just the offensive ones."

When I raised the possibility that the Yankees might not make the playoffs this season, D.H. wrote, "You gotta wonder if this is 1965-66 right now? The old Yankee heroes of the 50's and early 60's were dropping off."

And P.K. wrote, "Now with the Steinbrenner boy geniuses cutting the payroll, the golden days are surely over. When the Yankees contacted me about re-upping my partial season tickets, I told them I had no interest in spending big money on a team that resembles the Pittsburgh Pirates."

5. Spanning the World

This week's Spanning the World highlight comes from halftime of a Gonzaga basketball game. A fan tries his hand at a half court shot for fame and fortune. Was it the worst shot ever? You be the judge.

Spanning the World airs monthly on NBC's Today Show. Next up: Friday, December 28.

Happy Birthday: NBA great Larry Bird. 56.

Bonus Birthday: Baseball great Johnny Bench. 65.

Today in Sports: The Red Sox acquire the contract of 19-year old Ted Williams 1937.

Bonus Event: A date that will live in infamy. The Japanese attack Pearl Harbor. 1941.

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Source: http://www.huffingtonpost.com/len-berman/top-5-sports-stories_523_b_2257786.html

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Netanyahu: Israel will keep settlement corridor

BERLIN (AP) ? Israel's prime minister brushed off international uproar over a planned new settlement project near Jerusalem, claiming Thursday that Israel will keep the area under any future peace deal in any case.

Israel's plans to build 3,000 new settler homes in the corridor east of Jerusalem triggered sharp criticism in Europe ? including from Germany, traditionally one of Israel's most stalwart allies. The move came after the U.N. General Assembly voted to support a Palestinian statehood bid ? with Germany abstaining rather than voting against.

Netanyahu's tough comments were the latest sign that he has no plans to step back from his plans to develop the area. On Wednesday, initial plans for the project were unveiled, though officials stressed it could be years before construction actually begins.

German Chancellor Angela Merkel appeared anxious to downplay tensions between the two countries, saying after meeting Netanyahu that, as far as Israeli settlements on land that the Palestinians want for a future state are concerned, "we agree that we do not agree."

Palestinians say building settler homes in the so-called E1 corridor would make it impossible for them to establish a viable state in the West Bank.

Nabil Abu Rdeneh, a senior adviser to Palestinian President Mahmoud Abbas, said it "is a red line, and there will be no solution in the presence of this project."

"After the decision of the U.N. General Assembly, every centimeter in Jerusalem and the West Bank is Palestinian land, and every Israeli settlement is illegal," he said.

Netanyahu offered no indication that his government might be prepared to backtrack. The contentious corridor is small, he told reporters, and "successive governments from Yitzhak Rabin on down to my predecessor, Mr. (Ehud) Olmert, have also said this would be incorporated in a final peace treaty."

Olmert wanted to keep the corridor under Israeli control under a final peace deal, but reportedly opposed any development of the area before a peace agreement is reached. A spokesman for Olmert did not immediately return a message seeking comment.

The Palestinians note that no agreements were ever reached.

The area could sever parts of the West Bank from east Jerusalem, their hoped-for capital. Linked to an existing bloc of settlements, the sprawling area would also drive a deep wedge between the northern and southern flanks of the West Bank, greatly hindering movement.

The unusually tense build-up to Netanyahu's long-planned trip to Germany, one of Israel's closest allies in Europe, reflected the increasing displeasure in Europe at his government's seeming intransigence, particularly over Jewish settlements on lands the Palestinians want for a future state.

Six friendly European countries summoned the local Israeli ambassadors to file protests, and the U.S. has condemned the latest settlement plans. On Wednesday, the Palestinians asked the U.N. Security Council to call on Israel to halt the planned construction.

In an interview with German newspaper Die Welt published on Wednesday, Netanyahu said that he "was disappointed, as were many people in Israel, by the German vote in the U.N." on Palestinian statehood.

"I took note of this," Merkel said at the two leaders' joint news conference at which she stressed anew Germany's commitment to Israel's security.

"We did not take the vote, and our position, lightly," Merkel said. "We are against unilateral measures, so we didn't vote yes ? that was very carefully considered. On the other hand, there is a certain amount of movement on the recognition of two states, which at many points in time we didn't have with the Palestinians."

Netanyahu stressed that despite the vote, Germany and other European countries have been among Israel's strongest allies and remain committed to helping ensure its security.

"I don't think that we lost Europe," he said of the vote.

_____

Associated Press correspondents Josef Federman in Jerusalem and Robert H. Reid in Berlin contributed to this report.

Source: http://news.yahoo.com/netanyahu-israel-keep-settlement-corridor-114659660.html

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Study: Gays, lesbians in better financial shape | The Biz Beat

(Associated Press)

Follow us on Twitter @AJCBiz

A new study on the financial health of the lesbian, gay, bisexual and transgender community finds that, as a group and compared with the general U.S. population, it has higher median and household incomes, better pay parity between men and women, higher employment and more spending money.

The study, ?The LGBT Financial Experience,?was conducted by Prudential, which surveyed 1,401 LGBT individuals across the country aged 25 to 68 in August.

Prudential, which along with other financial services providers clearly sees the LGBT community as a growing market, says it conducted the ?baseline study? to gauge the group?s financial prowess amid the country?s economic challenges.

?The research findings are eye opening and dispel common perceptions. While we found people to be largely optimistic about the future, the LGBT community, like most Americans, was affected by the recession and is very concerned about being able to retire,? the study says.

The LGBT community is in much better financial shape than the general population. Here are a few of the study?s highlights:

* While gay men earn more than lesbians ($49,900 versus $43,500 median income), which reflects what?s happening in the general population, the pay disparity isn?t the same. Among those employed full-time, lesbians earn 84 percent of what gay men earn, compared with the 77 percent female-to-male ratio among the total population.

* The median household income for the LGBT community is $61,500, compared with $50,000 for the general population. Although gay men report earning more than lesbians individually, lesbian households have higher income ($63,700 vs. $62,300) because they are more likely to have dual incomes.

* Seven percent define themselves as ?unemployed and looking for work, compared with the U.S. unemployment rate of 7.9 percent. Lesbians have the lowest unemployment rate at 5 percent and transgender people have the highest at 12 percent.

* The study also found that the LGBT community on average carried about $4,000 less in debt and had $6,000 more in household savings.

* Because many dual households were without children, the LGBT community also had a lot of extra money to spend on dining out, entertainment and travel. About 40 percent of gay men and 25 percent of lesbians spend more than $500 a month on such discretionary items.

A CNN Money report on the study points out that studies conducted by the Census Bureau and Experian, the credit reporting agency, also have come up with similar conclusions but a Gallup poll of more than 120,000 adults in the summer found that LGBT individuals ?tend to have lower incomes and to be less educated than the general population.?

Source: http://blogs.ajc.com/business-beat/2012/12/06/study-gays-lesbians-in-better-financial-shape/?cxntfid=blogs_business_beat

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Europe's big powers unify to push against Israel settlement plans

Last month, the British government was among those backing Israel's assault against Hamas targets in the Gaza strip. Days ago, it endured strong criticism at home for refusing to support the Palestinians' bid for enhanced recognition at the UN.

Yet this week, relations between Israel and Britain ? a country that has consistently been one of Israel's key Western allies ? have plunged to a new low.

Britain joined other European states on Monday in dressing down their respective Israeli ambassadors over Israel's authorization of 3,000 new housing units in the West Bank and East Jerusalem and its green-lighting of development of the so-called "E1" area, which would cut off Jerusalem from the Palestinian West Bank. British Foreign Secretary William Hague said the settlements are "illegal" and cast doubt on Israel's commitment to achieving peace.

Think you know Europe? Take our geography quiz.

Further, diplomatic sources made it known that the UK had given thought to withdrawing its ambassador in Tel Aviv and was considering labeling produce originating from settlements in the Palestinian territories. Such a step could facilitate public boycotts and thus be financially punitive to Israel, given the UK's position as its third-largest trading partner.

Unusual unity

But while Britain is ultimately not expected to take the diplomatically nuclear step of withdrawing its ambassador, observers were struck by the degree to which the UK and other European states acted together. France also rebuked the Israeli ambassador in Paris, and even Germany, normally reluctant to criticize Israel, expressing its ?deep concern.?

?I think there is as much of an effort as possible, in general, to get an 'E3' consensus especially,? says Daniel Levy, a former Israeli peace negotiator currently working as the director of the Middle East and North Africa program at the London-based European Council on Foreign Relations, a pan-European think tank.

Mr. Levy points to increasing cooperation between the so-called E3 ? comprising the UK, France, and Germany ? most notably last year during a UN Security Council vote over a settlements resolution, which was vetoed by the US.

?I think in general there is an attempt to come together, especially around something like this, where they are saying: 'How do convince Israel to reverse this?' or over [Israeli's] withholding of Palestinian tax revenue.?

Tentative steps by the EU's three largest states to pursue a united diplomatic front would continue, he suggests, particularly if the US ?continues to be paralyzed by its own domestic politics on this issue.?

DENMARK, SWEDEN, SPAIN TOO

As in London and Paris, Israeli diplomatic representatives in Denmark, Sweden, and Spain were summoned for discussions about the settlement plans while the French president, Fran?ois Hollande, and the Italian prime minister, Mario Monti, issued a joint statement.

Speaking at a press conference with Mr. Monti, Mr. Hollande didn?t rule out tougher measures, adding, "We don't want to shift into sanctions mode. We are more focused on persuading. It's an important moment, but I appeal for responsibility."

Other options open to major European players such as Britain and France, whose foreign ministers will discuss events in the Middle East on Dec. 10, include suspending strategic dialogue meetings with Israel.

Britain recently hosted one of the meetings at the beginning of November, when Foreign Office staff and a high-level Israeli delegation discussed various issues, including preventing Iran from obtaining nuclear weapons and the conflict in Syria.

NO RADICAL SHIFT

Levy meanwhile cautions against reading the latest diplomatic movements as the beginning of a more radical change in European foreign policy towards Israel.

?I would argue that Britain, along with other European states, has so deeply embedded itself in a position over the years that ultimately gives Israel impunity, and Israel has seen ultimately over time that there is no cost or consequence for a policy that has already put 600,000 settlers over the Green Line,? he says, referring to the demarcation line established between Israel and its neighbors after the 1948 Arab-Israeli War.

?This week may be a gradual shift away from that, but it does not look decisive because you are still talking about things that are in the realm of the largely symbolic and rhetorical.?

Think you know Europe? Take our geography quiz.

Related stories

Read this story at csmonitor.com

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Source: http://news.yahoo.com/europes-big-powers-unify-push-against-israel-settlement-161350058.html

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Scientists Race To Establish the First Links of a 'Quantum Internet'

Actually, in a practical system, quantum teleportation would generally be used to exchange an entangled photon from which a key can be extracted, the data would sent later using a classical communication technique (like the internet) using classical symmetric encryption scheme (say, like AES-CBC). Of course if the message is small enough, you might just transport the message entangled (instead of just a way to key the encrypted message), but that's much less efficient using current QM entanglement techniques***.

Today key exchange is often done with public-private keys, but the mathematical techniques behind them rely on "trap-door" functions (functions that are relatively easy to compute, but much harder to invert). Hard != impossible, so something that is merely hard to invert today, might be easy in the future. With a quantum key exchange scheme you don't transmit the key, only an entangled photon. Thus can't invert it (with currently known physics), and you can't even intercept it (w/o being detected), so it's impossible to deduce the key even in the future. Of course you could always resort to older time-tested techniques like this [xkcd.com]...

The reason they need the satellite is to transmit the entangled photon (which is used to extract the key). A classical communications channel is effectively a cascade of store-and-forward (every amplifier and digital buffer along the way) so that every stage is making an "observation" and collpasing the quantum state. You basically want to convey the exact same photon you entangled so that the other side can receive it w/o the communication channel observing it in transit. Ideally, you'd bounce a batch of entangled photon off a satellite and the receiver gets the same photons you sent on the other side. Then both sides extract a key from their respective batch of entangled photons and use that key to exchange the message.

Of course, in a fancier system you might use that one entangled photon to quantum teleport some entangled qubits, but that would be more complicated.

***With current QM techniques, you don't really encode a pre-chosen key by somehow "entangling" it into a photon, you are basically creating a type of mind-meld (entanglement) of two photons in a way so that a quantum measurement made on one correlate with the other. With this, magically each side can extract the same information from their respective entangled photons meaning the same bit of information emerges from these measurements. That is why if someone intercepts the photon and retransmit it, both sides would know because they are unlikely have extracted the same bits from the measurments because with currently known physics it's not possible to observe and exactly recreate a quantum state (although apparently you can teleport it). If that doesn't make sense, it's because QM is not supposed to make sense, it just is (or maybe I'm not explaining it very well).

Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/zVqPdtM1k24/story01.htm

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Apple launching iPhone 5 in in 50 new countries this month, including South Korea, Brazil, and Russia

Apple has announced that they're launching the iPhone 5 in 50 more countries this month. Friday, December 7 will see the iPhone 5 coming to South Korea. Friday, December 14 will see it come to Albania, Antigua and Barbuda, Armenia, Bahamas, Bahrain, Bolivia, Brazil, Chile, China, Costa Rica, Cyprus, Ecuador, Grenada, Indonesia, Israel, Jamaica, Jordan, Kuwait, Macedonia, Malaysia, Moldova, Montenegro, Panama, Paraguay, Philippines, Qatar, Russia, Saudi Arabia, South Africa, Taiwan, Turkey, United Arab Emirates and Venezuela. And Friday, December 21 will see come to Barbados, Botswana, Cameroon, Central African Republic, Egypt, Guinea, Ivory Coast, Kenya, Madagascar, Mali, Mauritius, Morocco, Niger, Senegal, St. Kitts, St. Lucia, St.Vincent & the Grenadines, Tunisia, Uganda and Vietnam.

In addition to the 47 countries that already offer the iPhone 5, there launches will bring the total to 97 by the end of 2012.

Source: http://feedproxy.google.com/~r/TheIphoneBlog/~3/3sx6vvhusgc/story01.htm

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Verizon Samsung Galaxy Note II now open to pleasures of the rooted kind

Shame you can't do anything about that obnoxious home button branding, but thanks to the folks over at XDA you can now squeeze some root juice onto your VZW Samsung Galaxy Note II. As per usual with Sammy's Android devices, the process involves the use of Odin to flash an image before you can enjoy the perks. Do note however, the hackery only gives you superuser access -- there's no way to cram in a custom ROM just yet. Early users have reported a few issues, including busted mics, broken signal strength indicators and general slow-coach behavior, but it sounds like updates have now plugged most of those holes. You'll find the payload and instructions waiting at the source link -- just be careful not to orphan that S Pen.

Filed under: Cellphones, Mobile, Samsung, Verizon

Comments

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Source: XDA Developers

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Drugmakers Step Up Search For Hearing Loss Medicines

By Caroline Copley and Ben Hirschler
ZURICH/LONDON, Dec 2 (Reuters) - When Swiss biotech firm Auris Medical wanted to recruit patients to test its experimental hearing loss drug, it decided to enlist partygoers deafened by firecrackers on New Year's Eve.
In the weeks leading up to Dec. 31, 2005 it advertised in the subway and on radio stations in Munich and Berlin, urging victims of sudden firecracker-induced hearing loss to turn up at designated clinics for treatment on January 1.
"We had just one single day of enrolment, we didn't know how many people would show up," Thomas Meyer, managing director of Auris, told Reuters.
Luckily, his gamble paid off and the small private company is now one of the leaders in what has been an empty space for the pharmaceutical industry.
Auris managed to recruit enough people to show that its compound AM-111 posed no safety risk and has since successfully completed a mid-stage trial in acute sensorineural hearing loss, or sudden deafness, involving 210 patients.
While there is no guarantee that its drug, which is injected through the eardrum, will pass muster in final-stage tests, the progress by Auris and a clutch of rival biotech firms is making large pharmaceutical companies sit up and take notice.
There are currently no approved disease-modifying drugs for hearing loss, which affects nearly a third of people aged 65 to 74 and half of those over 75.
But the science is developing and investor interest is growing, piqued by the huge commercial success of recent new treatments for sight loss, such as Lucentis from Novartis and Roche and Eylea from Regeneron and Bayer.
British charity Action on Hearing Loss conservatively puts the potential Western market for new drugs at $4.6 billion a year - a figure that could grow quickly as ageing populations swell the ranks of those with hearing problems.

NEGLECTED FIELD
"It's one of the few areas that, as yet, hasn't really been tackled by the drugs industry," said Kate Bingham, managing partner at SV Life Sciences Advisers, a venture capital firm with investments in new drugs for both eyes and ears.
Bingham sits on the board of Autifony Therapeutics - a hearing loss firm spun out of GlaxoSmithKline in which the British drugmaker retains a stake.
Historically, hearing loss has received little attention from Big Pharma, given the lack of obvious targets for drug intervention, the difficulties of running clinical trials and a widespread belief that most deafness could not be reversed.
Now the big companies are getting involved, although the work is early-stage.
"A drug that is therapeutic and priced right could be quite a blockbuster. That's why they've put their toe in the water," said Jonathan Kil, chief medical officer at Seattle-based Sound Pharmaceuticals, which is enrolling young iPod users in a trial of an oral drug for noise-induced hearing loss.
U.S. giant Pfizer is arguably the most advanced of the big players, with a drug in initial Phase I clinical testing trial for age-related sensorineural hearing loss that looks to enhance the function of existing hair cells.
Some of its biggest rivals are laying bets, too. Last year French drugmaker Sanofi inked a two-year research deal with privately held Dutch biotech firm Audion Therapeutics to develop small molecule drugs to improve hearing.
In October, Roche joined forces with venture capital firm Versant Ventures and biotech Inception Sciences to find molecules targeting ear hair cell protection and regeneration in the cochlea, the spiral-shaped cavity in the inner ear.
Cross-town competitor Novartis, meanwhile, struck a 2010 deal potentially worth more than $213 million with U.S. biotech GenVec to develop gene-based treatments to replace hair cells in the ear that transmit sound.
"We're looking at restoration as our main line of work and we're interested in whether there are chemicals that might also play this role instead of having to introduce a gene," said Novartis research head Mark Fishman.
"This is an area that's a bit more futuristic and ultimately restoring the hair cells will be the cure."

EYES AND EARS
Unlike new eye drugs, which work by inhibiting an unwanted process, hearing drugs will need to restore damaged function - a more difficult proposition.
Experts say the first drugs will target niche areas, such as damage caused by loud noise or as a result of chemotherapy.
"Hearing loss is not just one condition. It's like cancer - there are lots of different types and there is work to be done to segment the market," said Ralph Holme, head of biomedical research at Action on Hearing Loss.
Heading the field for noise-induced hearing loss is South Illinois University, which has launched a late-stage trial with the U.S. military for an drug to increase protection for people exposed to very noisy environments like soldiers.
Canada's Adherex also has a late-stage trial to test a drug that may protect against hearing loss caused by platinum-based anti-cancer agents in children.
While protective treatments could become available within the next few years, regenerative approaches - such as injecting stem cells into the ear or chemically intervening to switch on genes that control cell growth - are much further off.
Despite recent promising tests in gerbils, the potential to replicate this in humans is still uncertain, said Pascal Senn, an ear specialist at the University of Berne.
"If something grows inside the ear, you must be sure that it doesn't grow excessively or form tumours. There are a lot of roadblocks that need to be overcome in this field. It's highly risky, but I think it's also the hottest area," he said.
One intriguing possibility for the future is the convergence of future drugs and devices. Hearing aid manufacturers have certainly not been deaf to the noises from the pharma sector.
Sonova, the world's largest maker of hearing aids, has invested in two start-up companies - one in the United States for drugs to protect hearing and another Swiss biotech working on a treatment for acute tinnitus.
It bought U.S. cochlear implant manufacturer Advanced Bionics in 2009 in a bid to increase its focus on the inner ear and understand how drug treatments could work with implants.
"It will be interesting whether the innovation will be driven by pharma companies moving in or whether the hearing aid companies will branch out," said Auris' Meyer. (Editing by Philippa Fletcher)

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Source: http://www.huffingtonpost.com/2012/12/02/hearing-loss-medicines-drugmakers-pharma-deafness_n_2226390.html

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Legal Theory Lexicon: The Law Is A Seamless Web

Introduction

F.W. Maitland, the famous legal historian wrote, ?Such is the unity of all history that any one who endeavors to tell a piece of it must feel that his first sentence tears a seamless web.?? (A Prologue to a History of English Law, 14 L. Qtrly Rev. 13 (1898))? Maitland didn't actually say that the "law is a seamless web," but he is usually given credit for the idea that the law forms some kind of "organic unity" or is characterized by pervasive, systematic, and strong interconnections.? The idea that law is seamless web is ambiguous--the aphorism expresses different ideas on different occasions.? This post in the?Legal Theory Lexicon?series will explicate the seamless web metaphor and its several implications for legal theory.

As always, the?Lexicon?is especially aimed at law students--especially first-year law students--with an interest in legal theory.

The Seamless Web and the Interconnectedness of Legal Doctrine?

One idea expressed by the metaphor of the seamless web is the interconnectedness of legal doctrine.? If the law is a seamless web, then the categorization of legal doctrine into discrete fields (torts, property, contracts, and so forth) does not accurately capture the nature of the law.? A classic example of this idea can be found by examining the line between torts and contracts.? It might be thought that there is some "seam" or dividing line that sharply separates these two doctrinal fields.? For example, we might think that contracts is the law of voluntary transactions, whereas torts deals with involuntary (or unconsented-to) transactions.? Of course, there is something to this idea.? Face-to-face bargaining resulting in a written and signed agreement is the paradigm of a contract and also represents a paradigmatically voluntary transaction.? Battery--an unconsented-to, harmful touching--represents both a clear instance of tort law and clearly involuntary transaction.

But the thesis that the law is a seamless web is not inconsistent with there being paradigm cases of conceptually distinct doctrinal fields.? Rather, the idea is that these paradigm cases blend into one another through a series of small and barely noticeable steps--so that there is no sharp boundary, no "seam," between tort and contract.? For example, first year law students quickly learn that not all of contract law involves agreement or bargain.? "Quasi-contract" and reliance-based liability involve transactions that are involuntary or at least not fully voluntary, and this cluster of doctrine is neither clearly tort? nor clearly contract.? One interpretation of the seamless web metaphor is that it asserts that the law is always or almost always like that--the organizing principles of various rules fade gradually into one another, and hence, there are no sharp boundaries in the web of the law.?

We might say that this first interpretation of the seamless web metaphor is?ontological: "law is a seamless web" could be an assertion about the nature of doctrinal categories--they are interconnected and not isolated. ?On the ontological interpretation, the law is a seamless web of legal doctrines--rules, standards, and principles.

Epistemological Holism??

A second interpretation of the seamless web metaphor is "epistemological" rather than "ontological."??What does that mean?? By epistemological, I mean that we might be talking about our knowledge of the law rather than the law itself.? Here the idea might be that understanding or comprehending any piece of legal doctrine requires knowledge of the surrounding areas of law and knowledge of those areas requires knowledge of yet more distant areas--so that a complete understanding of any one legal rule requires knowledge of the law as a whole.

An example may help.? Suppose we are trying to understanding a rule regarding consent in criminal law.? Understanding the legal concept of consent may require us to go beyond criminal law.? The criminal law concept of consent may borrow from tort concepts, contract concepts, and so forth.? Moreover, gaining knowledge of the criminal law doctrine of consent may require us to understand the relationship between the authority of the courts to shape the criminal law and the authority of legislatures to pass statutes that change common-law doctrines.? Understanding that relationship requires knowledge of the law of statutory interpretation (which is contained in opinions on many different statutes dealing with many distinct doctrinal areas) as well as constitutional law governing the separation of powers and the nature of judicial power and legislative power.? One might think that one could learn everything one needed to know in order to understand consent in the criminal law concept of consent from criminal law statutes and cases, but if the law is a seamless web, then knowledge from torts, contracts, constitutional law, and so forth may be required for a full understanding.

On the epistemological interpretation, the seamless web is a web of belief or knowledge.

The Seamless Web of Fit and Justification??

Another use of the metaphor is found in the work of Ronald Dworkin.? In the Lexicon entry on?Fit and Justification, we explored Dworkin's idea that judges decide cases in the way that best "fits" and "justifies the law.? Both "fit" and "justification" connect to the idea that the law is seamless web.? So when a judge decides a "hard case," the judge's decision must "fit" the existing legal landscape.? It must be coherent with the cases, statutes, constitutional provisions, and so forth.? This requirement of fit is holistic.? That is, the decision must fit all of the law--not just the law that is directly relevant to the case at hand.? So a rule of contract law is improper if that rule would violate the constitution or authorize violation of a statutory prohibition.

Dworkin contends that legal decisions must fit the legal landscape, but that is not the end of the matter.? There may be more than one ruling that would satisfy the criterion of fit.? Of example, an ambiguous statutory provisions may have more than one reading that is consistent with the precedents, statutes, and other authoritative legal materials.? In that case, Dworkin argues, the judge should decide the case in the way that coheres with the best justification for the law.? In other words, the judge should ask, "What is the best normative theory that can justify the law as whole?"? That normative theory is then used to guide the judge's decision in the particular case.? Like the criterion of fit, the criterion of justification is holistic.? Although judges may, as a practical matter, seek the justification for a particular area of legal doctrine, in theory the question is, "What justifies the whole of the law?"? This is another sense in which the law is a seamless web--it is the whole web and not a particular strand that is the object of normative justification.

On the Dworkinian interpretation, the seamless web of the law is the object of the Herculean enterprise of producing the theory that best fits and justifies the law.

Conclusion?

The phrase, "the law is a seamless web," is one of those?big ideas?that students encounter early in their law school experience.? Almost every law student begins to think thoughts like, "What we are doing in contracts is connected to what we are doing in torts" or "It is all starting to fit together in one big picture."? And sooner or later, these thoughts will run into the seamless web metaphor.? This entry in the?Lexicon?is designed to give you the tools to think about the aphorism in a nuanced and rigorous way.

Related Legal Theory Lexicon Entries

Bibliography

(This entry was last revised on December 2, 2012.)

Source: http://lsolum.typepad.com/legaltheory/2012/12/legal-theory-lexicon-the-law-is-a-seamless-web.html

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