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Monthly Archive for January, 2007

Internet & Society on Berkman Island

Hello all,

Internet & Society — Tuesdays 7:35 – 9:35pm EST — STARTS TONIGHT!
Open to all for At-Large Participation
Instructors: Colin Maclay and Robert Faris

The first meeting of Internet & Society, a course offered by the Berkman Center through the Harvard Extension School, begins tonight. The course is open for at-large participation via webcast in Second Life (and I believe the videos will be available statically on the course website as well). It is a very exciting opportunity for at-large participants because for the first time at-large participants will be able to participate directly in the live lectures. Teaching fellow Geoff McGovern will lead discussion during the webcast on Berkman Island and participants will be able to add comments and questions to the in-class discussion via the question tool. The course website is here: Please join us!

Best, Rebecca

(posted from logan airport on my way to trinidad)

New World Notes

Hi Professor-

I’m going to post this link on the wiki as well, but I just wanted to
make sure you saw that New World Notes, a blog/news agency for Second
, has posted a story about our mock trial:

Also, when are your office hours this semester?



hail sid verba – hero on hero

the following from my email out, for reasons which will appear. i wish i could give it to you in gmail format but my digital skills are not yet sufficient.

Charles Nesson
to undisclosed-re., hulsearc, (bcc:Jonathan), (bcc:William), (bcc:Charles), (bcc:Stuart)

show details
4:46 am (3 minutes ago)
i recommend juan carlos de martin.
i celebrate sid verba for leading harvard into the digital age

juan carlos will be at the berkman center noon til 2 on february 5, 2007. members of your search committee are warmly invited to meet him.

i should say in explanation of this email appearing on my eon blog that in hitting reply_all i get a cc to undisclosed-recipients, which made me smile but also think that gmail code would not let it go out like that, and so precious did it seem that eon blog became just another way to get a message through, and steve i was not sure who is at the other end of hulsearch@camail

– Show quoted text –

On 1/25/07, Steven E. Hyman wrote:

Dear Colleagues and Friends:

Please see below a letter I sent in December seeking your input on the search for a new director of the Harvard University Library. The search committee has begun its work in earnest, so I would like to renew my invitation to you for suggestions of candidates.

Any communications received are treated confidentially by me unless they contain an explicit request that they be shared with the committee.

Steve Hyman


Dear Colleagues and Friends:

As you know, Sidney Verba, Carl H. Pforzheimer University Professor and director of the University Library, has announced his intention to retire at the end of this academic year. As we begin our search for the next director of the University Library, I write to share with you information about the search process and to solicit your views on the needs of the Library, the qualities we should seek in a new director, and particular candidates.

A search advisory committee, consisting of faculty members as well as the College and Law School Librarians, will have its first meeting in January and will continue to meet throughout the winter and spring until a new director is named.

I am grateful to the following individuals who have accepted the invitation to serve on this committee: Peter Bol, Nancy Cline, Kathleen M. Coleman, Nancy Cott, Farish Jenkins, Harry (Terry) Martin, Dan Moriarty, Charles Rosenberg, Nancy Rosenblum, Diana Sorensen, Lloyd Weinreb, and Christoph Wolff.

Identifying the best possible director is an important priority for the University, and President Bok and I expect to devote considerable energy and attention to the process. We would greatly appreciate hearing from you with regard to the future of the University Library and individuals we should consider for the directorship. Please submit comments to You should also feel free to be in touch directly with Clayton Spencer and Stephanie Gumble in the President’s Office (617-495-9090), who will be helping me in staffing the search.

With all best wishes,
Steven E. Hyman

sset radio kingston – 88.5fm

Kevin Wallen (Destiny Productions) says:
charley says:
Kevin Wallen (Destiny Productions) says:
just got back from a meeting at dcs
charley says:
Kevin Wallen (Destiny Productions) says:
we’ve got a radio station
Kevin Wallen (Destiny Productions) says:
charley says:
Kevin Wallen (Destiny Productions) says:
the radio network is a go
charley says:
let’s not waste a minute


cross post from cyberone

a pleasant surprise when showing my friend stuart cyberone, i googled “cyberone” and it came up first. previously for me i’ve had to look below an australian company.

here’s a cross post from cyberone wiki

Main Page
From CyberOne Wiki

Welcome to the CyberOne Course Wiki!

january 26

nesson here:

yesterday in new york, seeing stuart sucherman, fred friendly’s producer, thinking of him now as i type these words, listening to bob seger and his lady sing the answer is the question. when trust is almost broken, stuart sitting before me heavy and distracted telling me the course of his success. told him my sex life with fern was great. he thanked me for telling him and went on. then stuart shieber on a bench with twenty minutes before our meeting with y.s.chi, stuart with a question wanting to listen for an answer. sitting on the bench with stuart i sketched the comic version of the two of us knights emmisary from the lord of education coming to engage the lord of content, and so the vision played out. then in our meeting probing, probing. the thrill is in the chase. y.s. off the record, conor there to witness, with his permission i would tell it all, let you listen to a conversation between the chairman of our provost’s committee on scholarly publication and the strategist for reed elsivier, vice chairman y.s.chi. (ys, with your permission which i would ask you to indicate if you are willing by editing this wiki to show your assent and participation. conor, please. indeed, instead of me writing to you about the substance of our meeting and next steps i would greatly appeciate you writing me and here with your understanding. i have suggested to my students in cyberone and evidence that they might like to come along on the adventure of exploring articulation and moderation of our university’s most engaging questions.)

conversation between stuart shieber an y.s.chi put me in mind of our cyberone conversation, mike fricklas and wayne marshall speaking to each other across the copyright divide, which puts me in mind of aaron brooks lovely project, and my hope to catch sucherman’s interest in bringing fred friendly seminars alive again in the university world of second life.

will we be able to do this as a course for credit at harvard law school, that is my question to answer today. may we do it, becca and scott and colin and rob and phil and all as berkman center clinical program, affirmative engagement with the medium. but first i have to get my grades in.


Rebecca Nesson

Rebecca: are you there?
Sent at 1:10 PM on Friday
Rebecca did not receive your chat.
Sent at 1:33 PM on Friday
Rebecca: hey
you there?
me: YES
Rebecca: hey, good.
so it seems like bad news about the clinical program.
would it work if we choose actual SL disputes and find people who are willing to have their disputes arbitrated by our court?
me: I JUST SPOKE WITH Ms. dealy
Rebecca: oh, ok.
me: told her that we are representing clients in the court of public opinion
josh wolf…
me: the california legislator
yes, wolf
and dj drama
Rebecca: did that help?
me: yes, she wants to consult with her committee
which i totally encouraged
todd rakoff
Rebecca: can she do that fast enough?
also, i think they will probably say no.
me: yes, but we need to give her a description
at least in outline form
specifically the links to the three project sites
Rebecca: ok, we can do that.
me: exactly
Rebecca: is email an ok medium for that?
does she want a description of how the course will run? probably.
me: it is doing a moot court, and writing the open after, and doing the research and the cogitating before hand
Rebecca: i will write a description for you.
with links.
and send it to you.
then you can edit it and send it to her.
me: working in groups in sycopation between real classroom activity and the expression of it the following week in virtual, and vice versa
Rebecca: what is the course title that you are going with?
me: mmm
choose among
Rebecca: trial practice in teh court of public opinion?
me: yesterday i googled cyberone and it came up first on google
had a great visit to ny yesterday with stuart
Sent at 1:49 PM on Friday
me: we can take our class on a clincal exploration of the reed elsevier world of content lords, futher to the fricklas/marshall panel and the project of aaron brooks
go to meet dj drama
Rebecca: ok, stay on the ground here.
we need to write this description and get it approved first.
me: exactly
Rebecca: let me work on that and send it to you.
me: and i love you
mega much
Rebecca: i love you too.
me: :

definition of realist

james bradley thayer writes about the a law of super heroes
james bradley thayer
teacher of evidence

My student Jay Hook tells me:

Thayer’s talk, “Trial by Jury of Things Supernatural” was originally giving
to a ‘dining group’, then published in Atlantic Monthly (April, 1890, Vol. 65,
p. 465). Later it was one of the articles in Ezra Ripley Thayer (ed) Legal
Essays (Boston, 1908).

In the paper, J.B. Thayer reports two trials from the 1600’s in England and
Scotland which put down the legal foundation for the Salem witch trials over
here. In each, jurors were asked to decide whether young women’s afflictions
were caused by the supernatural machinations of people called witches.
Thayer’s concern is the extent to which judges do or should control the
information going to the jurors. He points out that the law of England at that
time explicitly recognized the supernatural as ‘real’, a fact that made the
non-believing judge’s task a bit more complicated than it would be today (i.e.
in 1890). Also, at that time the jury’s decision on the facts was final
whether they acquitted (like now) or convicted (not like now), at least in
criminal cases.

thayer is a “realist” as the “word” is canonized by david kennedy and terry fisher
what is the true meaning of this word
what the core idea

My student Steve Kalnoki tells me that in “On Truth and Lies in the Non-Moral Sense” Neitzsche says:

“Every word instantly becomes a concept precisely insofar as it is not supposed to serve as a reminder of the unique and entirely individual original experience to which it owes its origin; but rather, a word becomes a concept insofar as it simultaneously has to fit countless more or less similar cases — which means, purely and simply, cases which are never equal and thus altogether unequal. Every concept arises from the equation of unequal things. Just as it is certain that one leaf is never totally the same as another, so it is certain that the concept “leaf” is formed by arbitrarily discarding these individual differences and by forgetting the distinguishing aspects. [. . .] What then is truth? A movable host of metaphors, metonymies, and; anthropomorphisms: in short, a sum of human relations which have been poetically and rhetorically intensified, transferred, and embellished, and which, after long usage, seem to a people to be fixed, canonical, and binding. Truths are illusions which we have forgotten are illusions- they are metaphors that have become worn out and have been drained of sensuous force, coins which have lost their embossing and are now considered as metal and no longer as coins.”

what happens when marvel comics comes to harvard

who would be curious enough to participate in this venture

track of my thoughts

i want to you to help me offer a new form of learning. here's my lecture outline. for liz wallen

0. 0pencourseware

I. the I in MIT

II. Modern Liberty

III. The third side of the NECKER CUBE

iiii. YOU

) freedom from grades, change paradyme to group work, jsb

- a new way of teaching EVIDENCE


:- three hats from scratch

-: help me write a new casebook for ramsi

:-) help me put across pass fail for brianne

-:) help me help kevin to save gail ortega and reconstitute jamaica

second thoughts
outline for our new casebook
meetings next week with reed elsivier
meet february 5 at the berkman center
meet tonight in second life
meet tomorrow in croquet

we speak for university

d of c

third thoughts
open grading, let them see it as it goes along, pitch in, why not talk about it in the medium
what does it mean to be an artist
to be a connoisieur
to paint in your medium one dimension up

means at our disposal
four days free
groups already formed
students behind us who have done great work and learned a lot
learning and digital skills in our hands

understanding the force we are up against
in the battle of good and evil

which side are WE on, declare it now, duncan kennedy's warning
we are on the side of good wanting to understand evil 
how do we do it

knowing that both is in US

should we hear the words of dersh and chomsky

we are what we feel
we think we are what we infer from what comes into us
the square root of minus one

for e thoughts
law and emotion
for matt and becca and david and elizabeth and all on odessey
for alex and diane

youtube socrates eon 
i'd like to take you on an adventure with me
a berkman clinical program
to raise the google question
to solve the problem of funding croquet
to make peace with the lords of content

to learn to use cyber as learning space
by teaching recursive empathic argument
good programming programming good
engaging new in story told in code and lived in real

organize a network of empathic english speakers to translate al jazeera to america and a structure to constrain their work to product with a neutral pov

frame and mount a challenge to the wiki world

we can help each other do what it is we want to do
join and share our passion

lesson plan for today january 15, 2007
what does it mean to testify
what does it mean to put your testimonial capacity in EVIDENCE
joel shellhammer
how bout a field trip to aquinah some time in the spring

ruth friendly, fred friendly, Internet & Society, use of the question tool
he wanted to make peace using this method in his business, and to a great extent he did, but then went on to get seduced by entertainment ultimately turning the method into a bore
 the clip from ogletree

so today, january 18, 7:59 am

i feel you will love each other
may i have your permission to share
my morning thoughts you have here in audio
once i link it in
i want to go no farther in my lesson plan before recursion

learn to moderate

up a dimension

last night at sandrines with zittrain’s generativity for intense discussion of problem theory and solution. what’s his title – generativity a dimension up, that would be mine, the role of university as a player in cyberspace. you have met the digitally enhanced individual. now meet digitally enhanced university. what is the role of university in cyberspace. what function do we perform. we contest in rhetorical space for the role of teacher, organizer of classroom, exemplar of moderate as an active verb.


i asked my students to talk with me about the architecture of the educational space harvard law school crafts for them. i am going to start posting interesting responses. here’s one:

I actually believe that having more classes pass/fail at Harvard Law School
would greatly help students learn and appreciate the law. Personally, I found
that taking a year off and working between undergrad and law school taught me
to put things in perspective, and realize that grades weren’t the end-all,
be-all. As such, I thought I was able to approach my classes, especially 1L
year, with a much more level head than many of my classmates who went straight
through without working. I’d watch friends stress out and panic months before
exams were even mentioned, straining to memorize every miniscule detail of each
case, and fail to grasp the bigger picture of what the purpose or essence of the
area of law was about. I found that my ability to emphasize the nature of the
law rather than get caught up in insignifica actually allowed me to perform far
superior in exams and understand the material to a fuller degree,than if I took
the classes as merely preparing myself to score high on an exam. For those
students who did not have the advantage of working and garnering a different
perspective on the importance of grades, having more classes pass-fail would
allow them not to fall into the trap of obsessing over grades and not getting
what they should of their law school experience.

new hearsay rule

we need a new hearsay law that says the government, state federal or other, may not force an individual to name the source of hearsay statements the individual has made. put around the other way, in cyberspace it shall be a right of every citizen to speak hearsay free of government compulsion to reveal the source.

bloggers beware
choose a rule that does not depend upon defining journalism