Tag Archives: law

Gun Culture

Whatever the Second Amendment means, the problem for our society is that we have internalized the notion not only that we have the right to own guns, but we all should actually own one.  The NRA’s political and legal successes have … Continue reading

Posted in Nature/Culture, Politics | Tagged , , , , , | 2 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

Could the Gender Gap Save Affirmative Action?

Abigail Fisher sued the University of Texas, Austin, arguing that UT’s admissions policies violate the Equal Protection Clause of the XIVth Amendment. Abigail Fisher is white. UT automatically accepts Texas residents who graduate in the top 10% of their high … Continue reading

Posted in Politics | Tagged , , , | 2 Comments

David Segal’s Paper Chase and Some Musings on Legal Education

Legal education has changed a lot since its depiction in The Paper Chase, in which the imposing Professor Kingsfield grilled James T. Hart into “thinking like a lawyer.” But you could be forgiven for thinking that all law professors stalk around … Continue reading

Posted in Politics, The BAT Cave | Tagged , , | 1 Comment

Tips for Legal Commentators: How to Talk to the Press

Sometimes, legal commentators (law professors and whatnot) are ambushed by the press asking for commentary on a case just handed down.  What to say?   Sometimes one just doesn’t know.   Here then, by way of suggestion, is a list of plausible … Continue reading

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

Middleness, Moderation, Compromise, and Other Inflexible Positions

Some Democratic politicians and commentators are wistfully wondering whether Occupy Wall Street and its national counterparts might not be a progressive equivalent of the right’s Tea Party Movement. A bit late–dontcha think?   And ironic as well.  Because it signifies a … Continue reading

Posted in Politics, Random Jurisprudence, Uncategorized | Tagged , , , | Leave a comment