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5 Jul 2009, 1:13 am
Solum, Equity and the Rule of Law, Nomos XXXVI: The Rule of Law 120 (1994) Tamanaha, Brian. [read post]
14 Feb 2008, 4:52 am
Which we never will, I don't think.I have documented my struggle with coming to reject the methods and some central tenets of CRT here and here.Jack Balkin, a law professor at Yale, has a short essay on the Critical Legal Studies movement here.This provoked further comment by Brian Tamanaha, another law professor at St. [read post]
10 Oct 2014, 7:27 am
The conversation started with what Brian Tamanaha has skeptically called the “law professor mantra” that law professors should be paid more than other professors because they could make more in law practice. [read post]
1 Jul 2009, 8:19 am
relationship among (a) the actual private law of the association as reflected in its governing documents, (b) what people think their actual rights are, and (c) how, when it comes to asserting and defending one's interests as between the law and the lore (or custom), a foolish consistency is the hobgoblin of little minds (see Prawfs guest blogger Brian Tamanaha on Law as a Means to an End). [read post]
12 May 2008, 6:35 pm
Bueno, ahora lo vamos a ver.....En este post de Brian Tamanaha en Balkinization comentaban un paper de William Landes y el conocido Richard Posner, Rational Judicial Behavior: A Statistical Study, que pueden descargar yendo a este link de SSRN.Entre otras cosas, el artÃÂculo hace un rastreo de los votos de los jueces de la Corte Suprema de los Estados Unidos desde 1925 hasta la actualidad, y su data deja ver algo muy notable: los cinco jueces… [read post]
1 Jul 2007, 3:28 pm
And it would be remiss to not mention the work of Brian Tamanaha: On an intellectual level, Sunstein’s contrast has plausibility, but on the gut level it seems to mischaracterize the situation. [read post]
30 May 2010, 1:08 pm
These issues are discussed by Brian Tamanaha in the article cited in the Links section at the end of this entry.This Lexicon entry maps the territory of the "What is Law? [read post]
19 Feb 2010, 5:39 pm
Commentary is available here, here (Marcy Wheeler's good, detailed, inside-baseball report with partisan insights regarding the first OPR draft), here (NPR suggesting that we will have full hearings on all this), here (Julian Ku at Opinio Juris, noting how badly the OPR's report fared), here (critical of Yoo and the Margolis Memo), here (Joe Palazzolo's very helpful timeline of the OPR process), here (Steven Schwinn, critical of the Margolis Report), here (Jason… [read post]
10 Jul 2011, 7:35 am
Introduction Back in the day (by which I mean the mid-70s through the mid-90s) big normative theories were all the rage in the legal academy. [read post]
29 Dec 2006, 11:22 am
Anyone who boldly proclaims to be a "legal formalist" today can be dismissed as naïve or deluded, or as an old fogey who slept through the last century of jurisprudence. [read post]
30 Jul 2007, 4:00 am
Anyway, I've decided to post a redacted form of my comments below the fold.Here are the comments: My jumping off point about new formalism is a comment Larry Solum made in the earlier session on Brian Tamanaha's Law as Means to an End. [read post]
10 Feb 2014, 8:36 am
I have a similar problem with Brian Tamanaha's claim that the reduction in teaching loads is an allocation of funds towards scholarship. [read post]
4 Apr 2010, 6:24 am
Introduction Back in the day (by which I mean the mid-70s through the mid-90s) big normative theories were all the rage in the legal academy. [read post]
14 Jun 2022, 2:29 pm
Fritz, American Sovereigns (Cambridge, 2007) Timothy Sandefur, The Right to Earn a Living (Cato Institute, 2010) Sonu Bedi, Rejecting Rights (Cambridge, 2009) Alison LaCroix, The Ideological Origins of American Federalism (Harvard, 2010) 2010: David Bernstein, Rehabilitating Lochner (Chicago 2011) (assigned ms) Brian Tamanaha, The Formalist-Realist Divide: The Role of Politics in Judging (Princeton, 2009) Earl Maltz, Slavery and the Supreme Court, 1825-1861 (Kansas, 2009) Michael… [read post]
1 Nov 2021, 8:52 am
This title is also available as Open Access.Contributors include Tobias Berger, Kristen Anker, Larry Catá Backer, Tomer Broude, Machiko Kanetake, Francesco Corradini, Lucy Lu Reimers, Grégoire Mallard, Aurel Niederberger, Antoine Duval, Tomáš Morochovič, Caroline Humfress, Keith Culver, Michael Guidice, Julia Eckert, Ralf Michaels, and Brian Tamanaha. [read post]
9 Sep 2010, 10:33 am
Brian Leiter’s recent review of my book raises a cluster of doubts echoed by a few other skeptics. [read post]
30 Apr 2013, 4:41 pm
Over the past year or so, a conventional wisdom has developed about the status of the legal job market. [read post]
1 Mar 2013, 6:29 am
So Brian Tamanaha's critique of the Yales and Harvards of this world applies, on the apprenticeship side, to the Cravaths and Covingtons of that one. [read post]
4 Jul 2024, 1:06 pm
[My seminar picks for 2024 (and every year since 2005).] [read post]
21 Mar 2023, 7:01 am
Fritz, American Sovereigns (Cambridge, 2007) Timothy Sandefur, The Right to Earn a Living (Cato Institute, 2010) Sonu Bedi, Rejecting Rights (Cambridge, 2009) Alison LaCroix, The Ideological Origins of American Federalism (Harvard, 2010) 2010: David Bernstein, Rehabilitating Lochner (Chicago 2011) (assigned ms) Brian Tamanaha, The Formalist-Realist Divide: The Role of Politics in Judging (Princeton, 2009) Earl Maltz, Slavery and the Supreme Court, 1825-1861 (Kansas, 2009) Michael… [read post]
