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brazenandtenured- The New NormalSo is this the New Normal? The question gets asked about lots of things—Washington politics, the economy, terrorism, infrastructure, the financial markets. And the question gets asked anxiously because as a normal—as a baseline—this new normal (whatever it may be) … Continue reading →Pierre Schlag
- Notes in Support of the Liberal Arts Law SchoolHere are a few ideas for how law schools that are not in the top ten (or not in the fifteen that are in the top ten) might respond to the structural forces bearing down on legal education. For those … Continue reading →Sarah Krakoff
- Facts (The)These little items are trouble. Let me state right off that I have not always been on entirely friendly terms with “the facts.” We have had a long and, at times, uneasy relation. Things took a bad turn early. I … Continue reading →Pierre Schlag
- Gun Culture, Part 2The national spotlight is on Colorado, where Governor John Hickenlooper, a moderate democrat, has endorsed the idea of tightening gun control regulations. Hickenlooper and members of the democratically-controlled state legislature have indicated plans to introduce laws that would require universal … Continue reading →Sarah Krakoff
- Mayan End of the World Canceled (A Brazenandtenured Exclusive)Apparently, through some rather incredible and oddly parallel set of mistakes, the ending of the world will not happen on December 21st. Instead, it appears the world has already ended on November 10th. The mistake is a moment of some … Continue reading →Pierre Schlag
- The Great GOP Identity SearchIn the wake of the great Republican defeat (and despite the distraction of the Petraeus Affair) pols and pundits continue to offer advice to the Republican Party as to how it might reform itself in order to…. well, do better … Continue reading →Pierre Schlag
- Sustainability and Equity in a Climate Changed WorldA small group of environmental law professors gathered recently for a two-day workshop on the concept and practice of sustainability. I was asked to lead a discussion about the relationship between sustainability and equity. The group decided to take the … Continue reading →Sarah Krakoff
- Book Review (and subtext)The recent publication of [.......] by Professor X marks a moment in the history of [.......]. It establishes him as one of the leading, if not the leading, authority on the subject of [.......]. Professor X works at Zip Code Law … Continue reading →Pierre Schlag
- We Built It (Part II–Factors of Production)“We built it.” So runs the mantra of the GOP. To which there is only one possible response: Well, actually no you didn’t. And let me explain why since it’s not addressed in my last post on this subject. … Continue reading →Pierre Schlag
- Ryan’s Scariest LieI know sub-three hour marathoners, I am friends with sub-three hour marathoners, and I have run a sub-three hour marathon. Paul Ryan, you are no sub-three hour marathoner. To many, Paul Ryan’s marathon lie is probably the most innocuous one … Continue reading →Sarah Krakoff
- The New Normal
Monthly Archives: February 2012
The Law Review Rejection
Yesterday, I received an email from a top fifteen law review: Dear Professor Schlag, We have carefully considered your article, [Title] Unfortunately, we cannot accept it for publication in the [Name] Law Review. We expect this year to receive well … Continue reading
Santorum on Religion
On Sunday, Santorum gave what the NYtimes called a full-throated defense of religion in politics. In particular, Santorum said that John F. Kennedy’s speech on separation of church of state made him want to “throw up.” I quote: “To say … Continue reading
If Satan is Coming, Should I Bother to Recycle?
Rick Santorum, in a speech at Ave Maria University in 2008, asserted that Satan had set his sites on America. Santorum recently deflected questions about the speech by saying it was not relevant to his campaign. But hold on. If … Continue reading
Santorum Rising
No, not that Santorum. Come on people. Senator Rick Santorum, who is taking his turn as the Not-Romney republican candidate du jour. If Santorum wins in Michigan, he may be more than just the Not-Romney of today; he could be … Continue reading
Posted in Nature/Culture, Politics
Tagged environment, politics, presidential election
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Individuation (Theory Moves)
in·di·vid·u·a·tion noun \-ˌvi-jə-ˈwā-shən\ The determination of the proper or relevant individual unit for purposes of interpretation, analysis, calculation, etc. Individuation portends both integration into a stable identity and differentiation of that identity from its environment. Antonym: fusion, dedifferentiation Example: A text … Continue reading
Posted in Random Jurisprudence, Theory Moves
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Sh*t Law Professors Say
Strangely, this popular Youtube concept has not yet resulted in a video about law professors. We are here to fill the void. For those of you not familiar with the genre, here is an example, also produced in our home … Continue reading
The Monty Python Example No. 2 (With Special Reference to Constitutional Interpretation)
As suggested in a prior post, the British comedy troupe Monty Python is generally under-acknowledged for its jurisprudential insights. Nonetheless, these are occasionally quite sharp. Here, for instance, in the “The Argument Clinic:” we have a demonstration of a basic … Continue reading
Posted in Experimental, Politics, Random Jurisprudence
Tagged constitutional law, interpretation
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