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: Teaching Moment
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
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Facts (The)
These little items are trouble. Let me state right off that I have not always been on entirely friendly terms with “the facts.” We have had a long and, at times, uneasy relation. Things took a bad turn early. I … 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
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
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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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
Law School Exam Last Minute Help
Random student (probably law) demonstrating how to study: First, of all, if you are a law student and still reading this post, you are in deep trouble. In fact, you really don’t have time for this and should really go away. If … Continue reading
Posted in Experimental, The BAT Cave
Tagged absurd, law school, legal academia, Teaching Moment
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The Critique of Normativity
OK—this one is deep inside the academy (and destined for the most inaccessible corners of the Bat Cave). A while back, I wrote “The Critique of Normativity.” It had thee parts (all three of which are on my law school … Continue reading
Posted in Random Jurisprudence, The BAT Cave
Tagged law school hiring, legal academia, Teaching Moment
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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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Narcissistic Interpretation (Theory Moves)
Narcissistic Interpretation: [nahr-suh–sis-tik in-tur-pri-tey-shuhn] Noun Phrase A tendency to systematically misread the work of others in a way that confirms one’s world view or satisfies one’s psychological, political or professional needs. Antonym: charity in interpretation See also: déformation professionelle; taking … Continue reading
Posted in Nature/Culture, Random Jurisprudence, Theory Moves
Tagged cognition, interpretation, Teaching Moment, theory moves
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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
The Monty Python Example No. 1
The British Troupe, Monty Python’s Flying Circus, is justly known for its biting and irreverent humor. But Monty Python’s send-ups have other virtues as well. By way of illustration consider a scene from the movie Life of Brian which shows the Brian … Continue reading
