Tag Archives: jurisprudence

This is Not a Law Review Article

Posted on March 31, 2016 by

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 , , , | Leave a comment

The Law Review Article

Posted on March 12, 2016 by

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 , , , , , | 1 Comment

Coase’s Conception of Production Factor Costs (and the Coasean Challenge)

Posted on May 2, 2014 by

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 , , , , , | 2 Comments

Book Review (and subtext)

Posted on September 24, 2012 by

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

Quantitative Tie-Breakers (Theory Moves)

Posted on June 25, 2012 by

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)

Posted on May 22, 2012 by

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

The Monty Python Example No. 3 (Analytical Philosophy in Law)

Posted on May 1, 2012 by

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 , , , | 1 Comment

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

Posted on December 19, 2011 by

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 , , | 1 Comment

Theoretical Unspecifiables (Theory Moves)

Posted on October 23, 2011 by

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 , , | Leave a comment

Remembering Derrick Bell

Posted on October 10, 2011 by

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 , , , | 1 Comment

Legal Formalism (A Refresher on Form)

Posted on September 26, 2011 by

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 →

Posted in Experimental, Nature/Culture, Random Jurisprudence, The BAT Cave | Tagged , , , , | Leave a comment

My Dinner at Langdell’s

Posted on September 22, 2011 by

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 , | Leave a comment

Kandinsky or Hart? Aesthetics. No. 1

Posted on September 19, 2011 by

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 , | 3 Comments