Tag Archives: Teaching Moment

Coase’s Conception of Production Factor Costs (and the Coasean Challenge)

Here I want to lay out Coase’s conception of production factor costs as articulated in The Problem of Social Cost.  Coase’s conception of production factor costs has very significant implications for what might be called the “Coasean Challenge”–a challenge which in my view has been … Continue reading

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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

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The Great GOP Identity Search

In 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

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

Italy and The Case Method

Last week I was in Italy for a couple lectures.    I love going to Europe for talks.  Among other things, it reminds me how cloistered and parochial we are in the American legal academy.  It shakes me out of my … Continue reading

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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

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Entry Framing (Theory Moves)

Entry Framing: [en-tree frey-ming] Noun Phrase The initial establishment in a text of a perspective, an orientation, a frame from or against which the text proceeds. Examples: An entry framing can establish a voice (“I am a spiteful man.  My liver is bad…”)   … Continue reading

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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

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

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The Critique of Normativity

OK—this one is deep inside the academy (and destined for the most inaccessible corners of the Bat Cave).   A while back, I wrote “The Critique of Normativity.”   It had thee parts (all three of which are on my law school … Continue reading

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Theoretical Unspecifiables (Theory Moves)

Theoretical Unspecifiable: [thee-uh-ret-i-kuhl un-spes-uh-fahy-uh-buhl] Noun Phrase In a theory or a mode of thought, an unspecified (and unspecifiable) term used to resolve gaps, contradictions, incommensurabilities and paradoxes.  A theoretical unspecifiable is conceptually nearly vacant (and inaccessible to theorization) but at the same … Continue reading

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Narcissistic Interpretation (Theory Moves)

Narcissistic Interpretation: [nahr-suh-sis-tik in-tur-pri-tey-shuhn] Noun Phrase A tendency to systematically misread the work of others in a way that confirms one’s world view or satisfies one’s psychological, political or professional needs. Antonym: charity in interpretation See also: déformation professionelle; taking … Continue reading

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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

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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

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