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
Category Archives: Politics
The American Road to Fascism
Just 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
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
American Absurd
(Pre-order from Amazon)
Posted in Experimental, Nature/Culture, Politics, Uncategorized
Tagged absurd, academia, culture, law, politics
1 Comment
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
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
Posted in Organized, Politics, Random Jurisprudence
Tagged coase, coase theorem, economics, jurisprudence, politics, Teaching Moment
2 Comments
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
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
1 Comment
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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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
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
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
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
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
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
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
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
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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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
Posted in Experimental, Politics, Random Jurisprudence
Tagged constitutional law, interpretation
2 Comments
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
Posted in Experimental, Nature/Culture, Politics
Tagged character, politics, presidential election
3 Comments
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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