Author Archives: Pierre Schlag

This is Not a Law Review Article

By Pierre Schlag * March 31, 2016 Keywords: law review article, absurd, cass sunstein Abstract: This short piece [does not] describe the form, structure and vexations of the law review article qua scholarly artifact. It also [does not] contain Professor … Continue reading

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American Absurd

(Pre-order from Amazon)

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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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Coase’s Critique of the Neoclassical Model–Coase Minus the Coase Theorem

Coase Minus the Coase Theorem, is among other things an attempt to retrieve the meaning of Ronald Coase’s famous article, The Problem of Social Cost, 3 J. L. & Econ. 1 (1960) As I try to show, Coase advanced a … Continue reading

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The New Normal

So 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

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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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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

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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

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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

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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

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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

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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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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

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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

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The American Law School (Tentative Notes for Stages of Evolution)

Pedagogy Stage 1: Socratic Stage 2: Soft Socratic                       Stage 3: Lecture/Student-oriented Learning Stage 4: Consumer Preference Advancement Societies: Stage 1: Old Boys Club/Old School Tie Stage 2: Political/Intellectual Interest … Continue reading

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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

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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

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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

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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

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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

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The Iraq War is Over

It’s over.  And yet no one is talking about it much publicly. Perhaps it’s because it was never our war.   We were supposed to go shopping.   Remember?  It was Bush’s war.  And it was (like virtually all his lifetime … Continue reading

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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

Coase and “The Problem of Social Cost” (Again)

I don’t know if other academics experience this, but I find that, in scholarship, I am drawn to certain texts or problems over and over again for reasons that remain elusive.   And so here I am again, writing yet … Continue reading

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