brazenandtenured- The American Road to FascismJust posted this piece on ssrn. Here is the abstract: The U.S. Presidential election of 2016 occurred amidst a disturbingly reminiscent coalescence of patterns — the economic displacement of the working class, the protracted paralysis of the legislative branch, the … Continue reading →brazenandtenured
- Final Exams (Suggested Templates)In light of the recent election and the desire of professors to remain relevant, here are some suggested templates for use in drafting final exams within your department. Economics What does the high-end commercial construction business teach us about … Continue reading →brazenandtenured
- This is Not a Law Review ArticleBy 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 →Pierre Schlag
- The Law Review ArticleJust posted on ssrn and bepress: The Law Review Article By Pierre Schlag * March 11, 2016 Keywords: law review article, absurd, cass sunstein, Abstract: This very short piece describes the form, structure and vexations of the law review … Continue reading →brazenandtenured
- American Absurd(Pre-order from Amazon)Pierre Schlag
- Dear Black People, Part TwoNine African Americans—a beloved pastor, a track coach, and a grandmother among them—were murdered by a White racist who, in his own words, hoped to spark a civil war and get his country back. It is obvious that the killer/terrorist … Continue reading →Sarah Krakoff
- Dear Black PeopleDear Black People, I just wanted to write to say I am sorry about Michael Brown, Eric Garner, Tamir Rice, and the others too numerous too list. About Brown, the process that resulted in a decision not to indict Darren … Continue reading →Sarah Krakoff
- 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 →Pierre Schlag
- Coase’s Critique of the Neoclassical Model–Coase Minus the Coase TheoremCoase 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 →Pierre Schlag
- Earth Day, Dog Whistles, and Zero Sum PoliticsThe Supreme Court’s decision today in Schuette v. Bamn would seem to have little to do with Earth Day. The Court, in a fractured majority decision, upheld Michigan’s voter-enacted ban on race based affirmative action programs in state institutions, including … Continue reading →Sarah Krakoff
- The American Road to Fascism
Author Archives: Sarah Krakoff
Dear Black People, Part Two
Nine African Americans—a beloved pastor, a track coach, and a grandmother among them—were murdered by a White racist who, in his own words, hoped to spark a civil war and get his country back. It is obvious that the killer/terrorist … Continue reading
Dear Black People
Dear Black People, I just wanted to write to say I am sorry about Michael Brown, Eric Garner, Tamir Rice, and the others too numerous too list. About Brown, the process that resulted in a decision not to indict Darren … Continue reading
Earth Day, Dog Whistles, and Zero Sum Politics
The Supreme Court’s decision today in Schuette v. Bamn would seem to have little to do with Earth Day. The Court, in a fractured majority decision, upheld Michigan’s voter-enacted ban on race based affirmative action programs in state institutions, including … Continue reading
Posted in Nature/Culture, Politics
Tagged climate change, environment, environmental justice, law, nature, politics, race
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Travels in America, Part One
I was on the Atlanta-Greensboro leg of a trip to Wake Forest University for a conference on Law and Violence. The man seated next to me and I struck up a conversation, starting with the usual small talk. “What takes … Continue reading
The Anthropocene: Everything and Nothing New
We have been kind of quiet here at brazenandtenured. Maybe it’s better that way. A friend of mine once disclosed that his goal as a professor was to write as little as possible as well as possible. Most of the … Continue reading
Posted in Nature/Culture, Politics
Tagged Anthropocene, climate change, culture, nature, philosophy, politics
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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
Gun Culture, Part 2
The national spotlight is on Colorado, where Governor John Hickenlooper, a moderate democrat, has endorsed the idea of tightening gun control regulations. Hickenlooper and members of the democratically-controlled state legislature have indicated plans to introduce laws that would require universal … Continue reading
Sustainability and Equity in a Climate Changed World
A small group of environmental law professors gathered recently for a two-day workshop on the concept and practice of sustainability. I was asked to lead a discussion about the relationship between sustainability and equity. The group decided to take the … Continue reading
Ryan’s Scariest Lie
I know sub-three hour marathoners, I am friends with sub-three hour marathoners, and I have run a sub-three hour marathon. Paul Ryan, you are no sub-three hour marathoner. To many, Paul Ryan’s marathon lie is probably the most innocuous one … Continue reading
Lance Armstrong and Our Illusions
Lance Armstrong “gave up his fight against doping accusations.” This is how it is being reported, based on Armstrong’s bristly and defiant letter of concession. Presumably, Armstrong thinks that he maintains plausible deniability (and millions of dollars in sponsorships) this … Continue reading
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 cognition, culture, guns, law, politics, presidential election
2 Comments
Tracking for Law Students: Solution or Abdication?
Professors, journalists, and, most saliently, students have raised national awareness about the steep rise in college and post-graduate tuitions over the last thirty years. As someone who has a hard time remembering statistics, for me the easiest math on the … Continue reading
Grading is…
It’s grading time. Suddenly, doing anything other than reading exams takes on a new urgency. A neglected research project must be attended to. The laundry really needs to be folded. Student recommendation letters must be drafted. Even reading a blog … Continue reading
Wild-ish: Self and Community on the Trail
A lot of wilderness narratives go like this. A man walks alone into the woods/desert/mountains. He confronts nature in all its glory and terror. He barely escapes grave danger and returns to tell the tale or/He does not escape grave … Continue reading
Posted in BAT Reviews, Nature/Culture
Tagged aesthetics, culture, environment, nature, romanticism
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Too Much Information, Not Enough Knowledge
If you wanted to disappear, where would you go? A small town in southern Utah is a good bet, at least according to its reclusive inhabitants. Yet they know that their days of being off of the information grid are … Continue reading
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
If Satan is Coming, Should I Bother to Recycle?
Rick Santorum, in a speech at Ave Maria University in 2008, asserted that Satan had set his sites on America. Santorum recently deflected questions about the speech by saying it was not relevant to his campaign. But hold on. If … Continue reading
Santorum Rising
No, not that Santorum. Come on people. Senator Rick Santorum, who is taking his turn as the Not-Romney republican candidate du jour. If Santorum wins in Michigan, he may be more than just the Not-Romney of today; he could be … Continue reading
Posted in Nature/Culture, Politics
Tagged environment, politics, presidential election
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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
Mitt Romney’s Product Placement
Legal education has its detractors, but most law schools would fare well when compared to Full Sail University, the for-profit school offering various degrees in the entertainment field. As reported in the New York Times, Full Sail U offers, among … Continue reading
Posted in Politics, Uncategorized
Tagged marketing, media, politics, presidential election
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Indians and Jews in Italy
Playing Indian in Rome Piazza Navona, one of Rome’s iconic public spaces, was dressed down for Christmas. The Piazza’s three renaissance era fountains, two designed by the incomparable sculptor Bernini, were overwhelmed by street vendors selling candy, t-shirts, fried dough … Continue reading
Blue Nights, Lockerbie and the Solstice
It is that time of year. The light is dying. The trees are skeletal. The sky is low and grey around the edges. Rather than seeming full of possibilities, the world narrows in scope. Climate negotiations in Durban, South Africa … Continue reading
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 academia, culture, legal academia, psychology
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Hugo: A Love Affair with . . .
You thought I was going to say “cinema.” That would be too obvious. Yes, Martin Scorsese’s latest movie pays homage to the magic of film. For those who have not seen it nor read the many reviews, the plot revolves … Continue reading
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
