30% jokes, 30% attempts at academic discussions, 40% spewing my opinions uninvited to find out what might be missing from my perspective.

I’ll usually reiterate this in my posts, but I never give legal advice online. I can describe how the law generally tends to be, analyze a public case from an academic perspective, and explain how courts normally treat an issue. But hell no am I even going to try to apply the law to your specific situation.

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Cake day: June 12th, 2023

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  • I’m against forced birth, but have to point out that there is the argument, whether realistic or not, that the parent can always give the baby to the foster care system once it’s born, so their obligation would be limited to 9 months total.

    Personally what I take issue with is the inconsistency of forced-birth laws in the absence of comparable forced-labor laws. In a world of ideal policy, maybe we as a society might agree that a person should be obligated to sacrifice their time and health for the sake of preserving or creating human life. But then it shouldn’t be applied only to adult women who had consensual sex. Why shouldn’t non-pregnant people be forced to tend a farm for 9 months to produce food for those who are starving, or to spend 9 months working 80-hour weeks at an emergency call center with no pay?

    I suspect the answer is that the rights themselves are not the issue here, but rather the motivation to punish women who have consensual sex.


  • In the academic sense of the term, negative rights include the right to not have things done to you (e.g., to not be deprived of life, liberty, or property without due process of law).

    Positive rights include the right for you to do something, generally as against others (e.g., the right to have food, healthcare, or education be provided to you by other people).

    I’m not sure it is useful to try to categorize abortion rights, for similar reasons why it would be difficult to categorize the right to try and grab the only parachute on a crashing plane. Even if it causes injury or death to others, our general tendency is to treat positive acts of genuine self-preservation as a negative right, if only in the sense that we would never enforce a rule that prohibits the person from trying.

    A funky brain teaser on the topic might be whose right of life prevails when a perfectly healthy person turns out to be the only match for 5 patients with failing organs, one needing a new heart, another needing a new intact liver, etc., who are each about to die if we don’t kill the healthy person and harvest their organs for transplant. And would the answer change if this wouldn’t kill the healthy person, but severely decrease their quality of life - such as involuntarily taking one of their lungs and one of their kidneys?



  • 🎶 oh, I can so just sit here and cry 🎶

    but fr what worked well for me was blocking, deleting, getting rid of (or stuffing into a rarely used closet) anything that reminded me of them, then distracting myself 24/7 long enough to later process my emotions with a little bit of distance from the event itself - not to block out the feelings but to just avoid ruminating on them.

    Mostly the point was buying time to provide my monkey brain with hard proof that I can survive without that person, that way it stops shooting me up with the Bad Chemicals every time I think of them.





  • Advice against phishing emails can be reduced to, “1: Never click on a link, call a phone number, download an attachment, or follow instructions you found in an email unless you were already expecting this exact email from this exact sender. 2: If you really want to do those things, search up the organization’s website directly and use the contact info they provide there instead.”

    imo it’s the ad-hungry articles stretching everything into 10+ pages that’s making advice so inaccessible to people. Super annoying because it dilutes the real, simple message that’s already there, it’s just locked behind an adwall.


  • It isn’t commercial labor when an adult does their own chores (I think), as it’s more related to the people in a household maintaining their own home. It likely wouldn’t be labor for a child for the same reasons, though I’m not sure.

    But it could start to look like labor when it’s something that produces commercial value, for example, it’s more like a ‘chore’ to water the vegetable garden in the backyard, but it’s more like ‘labor’ to tend to 20 acres of farmland.

    Excessive chores, though, could be prevented under child abuse law rather than child labor law, depending on how it’s enforced. Doing all the household work voluntarily for no reason other than it’s fun? Almost certainly legal. No video games until you clean the dishes? Probably legal. No food until you sweep, mop, dust, and shine every surface in the house? Probably abuse.




  • That’s true, but thinking about AI that is made to generate speech, processing power is still expensive enough that developers are careful with it. But what happens as memory gets cheaper and calculations get faster, and ordinary developers are able to train their own generative AI?

    For example, what happens when a developer decides to train a LLM extensively on scam emails, and spammers love to buy copies of it - but the developer markets it as just “a helpful generative AI”? Or, what if a person trains their LLM on an extremist forum full of hate speech and disinformation, then offers it to a suicide prevention center as a 24/7 alternative to human labor? (Treating these as hypotheticals, where we assume the difference isn’t immediately obvious. Perhaps they also used some legitimate training data, so that most outputs seem innocent enough.)

    To me it sounds more involved than selling just a word processor with autocorrect, but less involved than selling an instruction manual for committing crimes.



  • Completely speculating, because I don’t know many courts that have been willing to decide either way, but maybe:

    If it causes harm in a way that was reasonably foreseeable, the person who turned it on and/or the person “operating” it might be generally liable on a theory of negligence (but not always).

    If the harm was unpredictable, it might be on the manufacturer and the retailer under a theory of products liability (but not always).

    Or it could be treated as “ferae naturae,” where owners are liable for their ‘dangerous animal’ pets because they knew the pets were dangerous and still decided to keep them (but not always).

    If it’s an AI not associated with a physical device, maybe the programmer who “authored” the lines of code could be criminally liable for criminal “speech” (writing an AI) that incites and enables crime, even as a conspirator – that’s reeeaaally doubtful on Due Process grounds, but it would definitely light a fire under every developer’s chair to make sure their algorithms are explicitly trained against criminal behavior. (but still not always.)



  • I’m not a lawyer (yet) as I haven’t taken the bar exam, but I remember learning this in law school.

    I can’t find the original court filing that all these news articles are reporting, but presumably, this is a special kind of suit seeking a “declaratory judgment” - a suit asking the court to prevent a harm before it happens.

    Cornell Law School discusses it in a somewhat lengthy read but put “simply”, for standing in this kind of case, the court would want to see:

    a concrete controversy (as opposed to a hypothetical one, e.g. you can’t seek a declaratory judgment “in case my neighbor decides to hit me”),

    between adverse parties (some random citizen can’t sue you for breaking a promise you made to your grandma),

    that is ripe (where enough has already happened that a decision right now wouldn’t require much speculation),

    not moot (has to be able to affect the current case, for example, declaratory judgment isn’t appropriate to determine “should he have done that?”), and

    the court’s decision is needed to prevent imminent harm (has to be relatively certain that a party would be adversely affected if the court doesn’t prevent it from happening).

    Here there could be issues of ripeness: the court might not want to act on the mere possibility that Trump will be found guilty of insurrection etc. Courts don’t like to tell people what they can and can’t do unless a real situation makes it necessary, otherwise the court would risk encroaching on powers that belong to the other branches of government.