Posts tagged with: "scholarship"
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5 Jan 2014, 9:30 pm by Karen Tani
The Fall 2013 issue of American Political Thought featured a symposium on Charles Beard's  Economic Interpretation. Full content is available to subscribers only, but here's a glimpse of the TOC:Max M. Edling, Introduction to the Centennial Symposium on Charles Beard’s Economic Interpretation (pp. 259-263) Woody Holton, The Readers’ Reports Are In (pp. 264-273)David Waldstreicher, The Beardian Legacy, the Madisonian Moment, and the Politics of Slavery (pp. 274-282)Eric Slauter,… [read post]
28 Feb 2013, 8:00 am by Tamara Piety
Has been posted on Balkinization and on SSRN The First Amendment is an Information Policy. This paper sounds like it could have interesting implications for an issue which I intend to return to on the scholarship front, that is, what happens when some of what appears in law reviews has been "sponsored" or "commissioned" ? And when I say "sponsored" or "commissioned" I am not referring to law school summer research grants. Such grants are never conditioned on the topic or on the author reaching a… [read post]
11 Jul 2011, 9:20 pm by Dan Ernst
Mae C. Quinn, Washington University in Saint Louis School of Law, has posted “Feminizing” Courts: Lay Volunteers and the Integration of Social Work in Progressive Reform, a chapter in Feminist Legal History: Essays on Women and Law, ed. Tracy A Thomas & T.J. Boisseau (NYU Press 2011).  Here is the abstract:CreditThis essay, appearing as a chapter in Feminist Legal History: Essays on Women and Law (N.Y.U. Press 2011), uncovers groundbreaking court innovations employed by Judge Anna… [read post]
30 May 2012, 8:13 pm by Josh Wright
An interesting new joint venture between Oxford University Press, Ariel Ezrachi, and Bill Kovacic (GW).  Sounds like a fantastic idea and with top notch management and might be of interest to many of our readers. The Journal of Antitrust Enforcement  Call for Papers – The Journal of Antitrust Enforcement (OUP) Oxford University Press is delighted to announce the launch of a new competition law journal dedicated to antitrust enforcement. The Journal of Antitrust Enforcement forms a joint… [read post]
2 Apr 2014, 9:52 pm by Andrew Trask
April Fool’s–a day that one cannot trust what one reads on the Web, is fortunately over. So, please rest assured that Rutgers law student Brandon Riley’s note We’re Cramped as Hell, and We Won’t Take It Anymore: Plotting a Class Action Disability Claim on Behalf of the Very Tall against Air Carriers for a Failure to Accomodate, 44 Rutgers L.J. 123 (2013), is an actual publication with an actual argument. Riley plots out how one might bring a class action on behalf of… [read post]
7 Nov 2011, 11:00 pm by Dan Ernst
During November and early December, “the luminaries and sages” of the editorial board of The Green Bag select from a list of nominees those works that should appear in the 2012 Almanac & Reader as exemplars of good legal writing from the year just passed.Historical entries in the book category include: • Tomiko Brown-Nagin, Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement (Oxford University Press 2011)• Clare Cushman, Courtwatchers: Eyewitness Accounts in Supreme… [read post]
21 Feb 2014, 1:30 pm by Dan Ernst
Credit: Carol Highsmith/LCArthur J. Cockfield, Queen's University Faculty of Law, and Jonah Mayles have posted The Influence of Historical Tax Law Developments on Anglo-American Law and Politics, which appears in the Columbia Tax Law Journal 5 (2013): 40.  Here is the abstract:     This article highlights the influence of historical Anglo-American tax law developments on the formation of new political institutions and laws. In critical periods of English and U.S. history,… [read post]
2 Apr 2014, 6:30 am by Dan Ernst
Forthcoming in October, but available for pre-order from Ashgate now, is Legal Theory and Legal History, edited by Maksymilian Del Mar, Queen Mary University of London, and Michael Lobban, London School of Economics.  This volume is part a larger series from Ashgate, The Library of Essays in Contemporary Legal Theory (Second Series).  Saith the press:What can legal theorists learn from legal historians? What guidance can historians take from theorists? What theoretical questions underlie… [read post]
11 Jul 2012, 12:00 pm by Karen Tani
Here's another new one from the Law & Politics Book Review: Greg Marquis (University of New Brunswick Saint John) reviews FREEDOM’S CONDITION IN THE U.S.-CANADA BORDERLANDS IN THE AGE OF EMANCIPATION (Carolina Academic Press), edited by Tony Freyer and Lyndsay Campbell. Here's a taste:This volume of original research essays, which began to germinate when legal history scholars met at a conference in 2008, is a useful addition to a growing list of studies on North American borderlands in general … [read post]
27 Jun 2010, 11:51 am by legalinformatics
Dr. Nanning Zhang of China University of Political Science and Law, and Professor Douglas Walton of the University of Windsor Centre for Research in Reasoning, Argumentation and Rhetoric, have published Recent Trends in Evidence Law in China and the New Evidence Scholarship, 9 Law, Probability and Risk Issue No. 2, pages 103-129 (2010). Here is the abstract: This paper reviews the history and status quo of evidence theory in China and analyses its gradual shift from a pluralistic evidence law to a… [read post]
20 Mar 2014, 2:47 am by Andrew Trask
Loyola of Los Angeles professor Georgene Vairo wrote a piece called What Goes Around, Comes Around: From the Rector of Barkway to Knowles for the Review of Litigation. Professor Vairo’s piece makes two overall arguments: (1) the class action is a political, rather than procedural, problem; and (2) the recurring debates over use of the device will continue to "come around" until the Supreme Court decisively resolves the question of how preclusive a class action is supposed to be. The… [read post]
13 Dec 2012, 9:52 am by legalinformatics
Professor Dr. Monica Palmirani, Professor Dr. Ugo Pagallo, Professor Dr. Pompeu Casanovas, and Professor Dr. Giovanni Sartor, have edited a new book entitled AI Approaches to the Complexity of Legal Systems – Models and Ethical Challenges for Legal Systems, Legal Language and Legal Ontologies, Argumentation and Software Agents (Springer, 2012). The book contains revised selected papers from International Workshop AICOL-III, Held as Part of the 25th IVR Congress, Frankfurt am Main, Germany,… [read post]
27 Feb 2014, 3:08 am by Andrew Trask
One of the perennial questions at class certification (at least under Rule 23(b)(3)) is whether the class is superior to other forms of adjudication. Defendants will often raise individual lawsuits as a viable alternative, but, in cases involving heavily regulated industries, they may also invoke the possibility of allowing a regulatory agency to address the problem as well. Stanford professor David Freeman Engstrom has pursued that argument to its logical extreme in his epic (97-page) Yale… [read post]
17 Dec 2013, 9:30 pm by Karen Tani
New from Yale University Press: Indian Ocean Slavery in the Age of Abolition, edited by Robert Harms (Yale University), Bernard K. Freamon (Seton Hall Law School), and David W. Blight (Gilder Lehrman Center for the Study of Slavery, Resistance, and Abolition at Yale University). According to the Press:While the British were able to accomplish abolition in the trans-Atlantic world by the end of the nineteenth century, their efforts paradoxically caused a great increase in legal and illegal slave… [read post]
17 Oct 2013, 10:29 pm by legalinformatics
Professor Dr. Jean D’Aspremont of the University of Manchester and Professor Dr. Larissa van den Herik of Leiden University have posted a paper entitled The Digitalization of the Assembly Line of Knowledge About Law: A Reinvention of the Confrontational Nature of Legal Scholarship? Here is the abstract: This paper reflects upon the rise of new tools of production and dissemination of knowledge about law as well as their impact on the dynamics and the nature of the profession of legal scholar.… [read post]
22 Apr 2011, 5:04 am by Dan Farber
Some of our readers who aren’t in law schools  probably wonder what environmental law professors actually do. (Some of our readers who are in law schools might be wondering the same thing!).  I thought it might be helpful to provide a sample of recent scholarship.  Here are recent lists of working papers from, which provides on-line prepublication access to papers. From the Climate Law list: Expediting Innovation: The Quest for a New Sputnik Moment by Sarah Tran, Southern Methodist… [read post]
15 Aug 2012, 4:00 am by Karen Tani
I just finished reading "Screening Out the Introverts," a Chronicle of Higher Education Advice essay by William Pannapacker (Hope College). The essay is now several months old, but given that it's the start of a new academic year and the beginning of the hiring season, I wanted to spotlight it. The inspiration behind the piece was Quiet: The Power of Introverts in a World That Can't Stop Talking, by Susan Cain:The book is a hybrid work of cultural history, advocacy, personal… [read post]
4 Jan 2012, 4:00 am by Tomiko Brown-Nagin
Barbara Babcock (Stanford--Law, Emerita) has written an essay for blog readers about how she  constructed a book tour to promote  Woman Lawyer: The Trials of Clara Foltz (Stanford, 2011). For more information on Babcock's book about the first woman admitted to the California bar, see the Women's Legal History websiteand the articles cited here. Babcock's post, entitled the "The Year of Saying “Yes,” follows.courtesy Stanford Law SchoolFor the last year I have been on a… [read post]
1 Mar 2012, 9:30 pm by Dan Ernst
Kenneth W. Mack, Harvard Law School, has published Law and Local Knowledge in the History of the Civil Rights Movement in the Harvard Law Review. It is a review of Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement, by his soon-to-be Harvard colleague, Tomiko Brown-Nagin, University of Virginia School of Law. Here is the abstract:We live in chastened times. A generation ago, young legal academics often desired to explain how the Supreme Court could be an effective… [read post]
30 Aug 2012, 8:44 am by Michelle N. Meyer
So I've just posted a draft paper on SSRN, "Regulating the Production of Knowledge: Research Risk-Benefit Analysis and the Heterogeneity Problem," the first of a pair of companion articles on, well, how we regulate knowledge production -- focusing on IRBs in particular and on the peculiar risk-benefit standard that pretty much every federal agency (and the governance frameworks of many other countries) requires them -- futilely, I argue -- to perform. As soon as I finish navigating the… [read post]