Category Archives: Experimental

Here, we post things that are a bit out of the ordinary.

Notes in Support of the Liberal Arts Law School

Here 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

Posted in Experimental, Politics | Tagged , , , | 1 Comment

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

Posted in Experimental, Nature/Culture | Tagged , , | 1 Comment

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

Posted in Experimental, Nature/Culture | Tagged , | Leave a comment

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

Posted in BAT Reviews, Experimental, Random Jurisprudence | Tagged , , , | 1 Comment

We Built It (Part I Losing It)

We built it.   It.  We.  Not you.  Not the government.  It belongs to us.  It is ours.  We work harder than you.  You cannot know how hard we work to build our small businesses.  (100 to 1500).  We work harder than our workers who … Continue reading

Posted in Experimental | 3 Comments

Quantitative Tie-Breakers (Theory Moves)

Quantitative Tie-Breakers: [kwon-ti-tey-tiv tahy brey-kers] Noun Phrase The fundamental issue in the final stages of appellate adjudication almost always takes the form, “How can something that is inescapably two or more things at once be only just one thing.”   (Apologies to Thomas Reed Powell.)  … Continue reading

Posted in Experimental, Theory Moves | Tagged , , , | Leave a comment

The Monty Python Example No. 3 (Analytical Philosophy in Law)

Too much of it arguably reads like this: In The Concept of Law, H.L.A. Hart once said something.  This brilliant insight (BI) effectively corrected some fundamentally wrongheaded ways of thinking.   Yet upon closer examination, BI encompasses a number of different ideas … Continue reading

Posted in Experimental, Random Jurisprudence, The BAT Cave | Tagged , , , | 1 Comment

Waiting

I have been waiting.  In an airport.   For my flight.  Before that I was waiting in line.  For security.  For passport control.  For baggage drop-off.    I have been waiting all morning.  In line.  My passport and my boarding pass … Continue reading

Posted in Experimental, Nature/Culture | Tagged | 1 Comment

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

Posted in Experimental, The BAT Cave | Tagged , , | Leave a comment

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

Posted in Experimental, The BAT Cave | Tagged , , | 2 Comments

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 , | 2 Comments

Gingrich Rising

Some days you just know it’s going to be a really good day:  The Sunday Times on the table.   Espresso frothing in the kitchen.  Sourdough pancakes on the griddle.   And Newt Gingrich winning in South Carolina… Could things … Continue reading

Posted in Experimental, Nature/Culture, Politics | Tagged , , | 3 Comments

Got Knowledge?

In “The Meditations,” Descartes revealed his desire to make a “solid and lasting contribution to knowledge,”  His problem, as he saw it, is that he had accumulated a large number of false opinions and thereon erected a flimsy structure.  He … Continue reading

Posted in Experimental, Random Jurisprudence, The BAT Cave | 2 Comments

Law School Exam Last Minute Help

Random student (probably law) demonstrating how to study: First, of all, if you are a law student and still reading this post, you are in deep trouble.  In fact, you really don’t have time for this and should really go away.   If … Continue reading

Posted in Experimental, The BAT Cave | Tagged , , , | Leave a comment

Simula Life

My local bookstore is a pretty good one—as book stores go.  It regularly brings in authors (both renowned and good).  Its reader recommendations are generally excellent.  It purveys only a minimum of kitsch (greeting cards and such).  Its shelves are … Continue reading

Posted in Experimental, Nature/Culture | Tagged , , , | 4 Comments

Law School Faculties and the Enneagram

Finally, the day came when Professor X retired. You and your friends on the faculty attended her goodbye party and smiled and clapped at appropriate moments. But inside, you whooped and hollered and sang a little song, something not quite … Continue reading

Posted in Experimental, The BAT Cave | Tagged , , , | 2 Comments

Law School Hiring (The Faculty Meeting–Appointments)

“O.K. Let’s begin…. We have two agenda items: the  promotion of Professor X which we will deal with first and the appointments matter–Frank Wright and Mary Prescott–which we will deal with second.  Tony?” “I would just like to say, in … Continue reading

Posted in Experimental, Random Jurisprudence, The BAT Cave | Tagged , , , | 11 Comments

AALS Law School Hiring and Recruitment: How to Get a Job as a French Intellectual (The Interview)

Today, there is a great wealth of advice available to faculty candidates who wish to become law professors.  One of the little known avenues for becoming a law professor (much neglected in even the best existing literature) is to get … Continue reading

Posted in Experimental, The BAT Cave | Tagged , , | Leave a comment

Religion, Sex and Politics

Aren’t those the three things not to discuss with friends and relatives? Yet all three were on my mind one winter afternoon in the Uffizi Museum in Florence, Italy as I wandered lazily through rooms stuffed with iconic renaissance art.  … Continue reading

Posted in Experimental, Nature/Culture, Politics | Tagged , , , , | Leave a comment

Legal Formalism (A Refresher on Form)

O.K. for you law people, this will all be pretty familiar.   For you non-law people, this is  an acid challenge—a test of your tolerance for excruciatingly picayune legal exegesis.   One bit of solace I can offer you is that, conveniently, … Continue reading

Posted in Experimental, Nature/Culture, Random Jurisprudence, The BAT Cave | Tagged , , , , | Leave a comment

My Dinner at Langdell’s

It was one of those cold wet April Cambridge mornings. Too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse–the laudanum was … Continue reading

Posted in Experimental, Random Jurisprudence, The BAT Cave | Tagged , | Leave a comment

Kandinsky or Hart? Aesthetics. No. 1

Kandinsky or Hart? Pierre Schlag Beta Version 1.0 In 1927, Heisenberg introduced his uncertainty principle. By 1934, Wittgenstein was breaking with his early work. In 1923, Kandinsky was putting the finishing touches on Composition VIII: And in 1958, H.L.A. Hart, … Continue reading

Posted in Experimental, Random Jurisprudence, The BAT Cave | Tagged , | 3 Comments

The Monty Python Example No. 1

The British Troupe, Monty Python’s Flying Circus, is justly known for its biting and irreverent humor.  But Monty Python’s send-ups have other virtues as well.  By way of illustration consider a scene from the movie Life of Brian which shows the Brian … Continue reading

Posted in Experimental, Random Jurisprudence, The BAT Cave | Tagged | Leave a comment