Author Archives: Pierre Schlag

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

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 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

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

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

Posted in Random Jurisprudence, Uncategorized | Tagged , , | 1 Comment

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

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

Posted in Random Jurisprudence, Theory Moves | Tagged , , , | Leave a comment