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
Tag Archives: jurisprudence
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
Posted in Experimental, Random Jurisprudence, Uncategorized
Tagged absurd, jurisprudence, law school, legal academia
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The Law Review Article
Just 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
Posted in Random Jurisprudence, satire, Uncategorized
Tagged absurd, academia, jurisprudence, law, legal academia, Max Stein
1 Comment
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
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 decadence, jurisprudence, legal academia, pragmatism
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 jurisprudence, law, Teaching Moment, theory moves
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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
Posted in Random Jurisprudence, Theory Moves
Tagged aesthetics, jurisprudence, philosophy, Teaching Moment
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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
Posted in Experimental, Random Jurisprudence, The BAT Cave
Tagged absurd, jurisprudence, legal academia, philosophy
1 Comment
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
Posted in Politics, Random Jurisprudence, The BAT Cave
Tagged academia, economics, jurisprudence
1 Comment
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
Posted in Politics, Random Jurisprudence, Theory Moves
Tagged aesthetics, jurisprudence, Teaching Moment
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Remembering Derrick Bell
Derrick Bell died last week at the age of 80. Though his passing was overshadowed by the death of Steve Jobs, Bell’s achievements were recounted in the New York Times and elsewhere: First African American law professor to be tenured … Continue reading
Posted in Politics, Random Jurisprudence, The BAT Cave
Tagged jurisprudence, legal academia, politics, race
1 Comment
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
My Dinner at Langdell’s
It was one of those cold wet April Cambridge mornings. Too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse–the laudanum was … Continue reading
Posted in Experimental, Random Jurisprudence, The BAT Cave
Tagged absurd, jurisprudence
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Kandinsky or Hart? Aesthetics. No. 1
Kandinsky or Hart? Pierre Schlag Beta Version 1.0 In 1927, Heisenberg introduced his uncertainty principle. By 1934, Wittgenstein was breaking with his early work. In 1923, Kandinsky was putting the finishing touches on Composition VIII: And in 1958, H.L.A. Hart, … Continue reading
Posted in Experimental, Random Jurisprudence, The BAT Cave
Tagged aesthetics, jurisprudence
3 Comments
