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Review Of Draft No. 4, Beth Hirschfelder Wilensky Jan 2019

Review Of Draft No. 4, Beth Hirschfelder Wilensky

Reviews

"Draft No. 4" is an essay collection by John McPhee about his long career as a journalist for The New Yorker. This book review uses the essay collection as a jumping-off point to discuss the similarities and differences between legal writing and long-form journalism, and what legal writers can learn about the writing process from journalists like McPhee.


The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi Feb 2018

The Theory And Practice At The Intersection Between Human Rights And Humanitarian Law, Monica Hakimi

Reviews

The United States is more than fifteen years into a fight against terrorism that shows no sign of abating and, with the change in administration, appears to be intensifying. Other Western democracies that have historically been uneasy about U.S. counterterrorism policies have, in recent years, shifted toward those policies. And armed nonstate groups continue to commit large-scale acts of violence in multiple distinct theaters. The legal issues that these situations present are not entirely new, but neither are they going away. Recent publications, like the three works under review, thus provide useful opportunities to reflect on and refine our ...


Facts, Values, Justification, Democracy, Don Herzog Jan 2018

Facts, Values, Justification, Democracy, Don Herzog

Reviews

Equality, you might think, is the more or less universally shared value of the modern world, or the West, or anyway these United States. “We strive to ensure that the values upon which our country was built, including our belief that all people are created equal, are reflected in everything our nation does.” That’s from the 2016 Democratic Party platform. And look! “We continue to encourage equality for all citizens and access to the American Dream.” That’s from the 2016 GOP Platform. Of course, the parties disagree deeply on the demands of equality. If they share an abstract ...


Review Of South Sudan: A Slow Liberation, Laura Nyantung Beny Jan 2018

Review Of South Sudan: A Slow Liberation, Laura Nyantung Beny

Reviews

This is a remarkable book. It offers a complex and nuanced analysis of South Sudan's prolonged and troubled march to political liberation—first from Anglo‐Egyptian colonialism in the nineteenth and twentieth centuries, then from hegemonic Arab rule in post‐independence Sudan [1956‐2011], and now from South Sudan's internal political and economic contradictions.


Wrongs Without Rights. Review Of Wrongs, Rights, And Third Parties, By N. Cornell., Scott Hershovitz Jan 2017

Wrongs Without Rights. Review Of Wrongs, Rights, And Third Parties, By N. Cornell., Scott Hershovitz

Reviews

The word “wrong” is the source of much confusion, in part because it does double duty. “You set the table wrong,” I might say, noting that you’ve misplaced the forks and knives. When I say that, I imply that there’s a standard against which place settings are properly judged, and that you’ve mucked things up by failing to match it. This use of the word “wrong” pops up all over the place: “You took a wrong turn.” “That’s the wrong answer.” “Why do I get everything wrong?” But there’s another way to use the word ...


Racism Didn't Stop At Jim Crow, Samuel R. Bagenstos Jan 2017

Racism Didn't Stop At Jim Crow, Samuel R. Bagenstos

Reviews

Nearly 50 years ago, the Kerner Commission famously declared that “[o]ur nation is moving toward two societies, one black, one white—separate and unequal.” The picture has changed distressingly little since then. In the 1950 Census, the average African American in a metropolitan area lived in a neighborhood that was 35 percent white—the same figure as in the 2010 Census. In 2010, the average white American still lived in a neighborhood that was more than 75 percent white. America’s largest metropolitan areas—particularly, but not exclusively, in the North—continue to score high on many common measures ...


The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz Jan 2017

The Search For A Grand Unified Theory Of Tort Law., Scott Hershovitz

Reviews

Theorists like to do a lot with a little. And not just because simple theories seem more elegant: we deepen our understanding when we learn that disparate phenomena are linked together. In physics, for example, the theory of thermodynamics showed us the relationship between mechanics and heat. In economics, the theory of the firm showed us that, across industries that look nothing alike, a simple principle helps explain the organization of economic activity. Of course, there is no guarantee that the disparate phenomena we suspect are linked actually are. Particle physicists continue to search for a Grand Unified Theory, which ...


Reviewer's Note, Vincent J. Palusci, Frank E. Vandervort Jan 2017

Reviewer's Note, Vincent J. Palusci, Frank E. Vandervort

Reviews

Review of Child Abuse & the Law by Jennifer N Fishe and Frederick L. Moffat III.


Review Of The Choice Theory Of Contracts, Nicolas Cornell Jan 2017

Review Of The Choice Theory Of Contracts, Nicolas Cornell

Reviews

This book aims to provide a new approach to thinking about the role of contract law in a liberal state. The fundamental idea is that the law should affirmatively facilitate citizens' autonomy by creating and sustaining various different types of contractual relationships so that citizens have the option to choose among them. The authors start from the idea that "bargaining for terms is not the dominant mode of contracting . . . the mainstay of present-day contracting is the choice among types" (2-3). We choose to relate as employees or independent contractors, married or just cohabiting, merchants selling goods or private individuals selling ...


Bottlenecks And Antidiscrimination Theory, Samuel R. Bagenstos Jun 2014

Bottlenecks And Antidiscrimination Theory, Samuel R. Bagenstos

Reviews

In American antidiscrimination theory, two positions have competed for primacy. One, anticlassification, sees the proper goal of antidiscrimination law as being essentially individualistic. The problem with discrimination, in this view, is that it classifies individuals on the basis of an irrelevant or arbitrary characteristic—and that it, as a result, denies them opportunities for which they are otherwise individually qualified. The other position, antisubordination, sees the proper goal of antidiscrimination law as being more group oriented. The problem with discrimination, in this view, is that it helps constitute a social system in which particular groups are systematically subject to disadvantage ...


The Future Resists Control, Richard A. Primus May 2014

The Future Resists Control, Richard A. Primus

Reviews

Bruce Ackerman long ago persuaded me that Article V has not been the only route—or even the normal route—to legitimate constitutional change. Volume 3 admirably adds nuance to Ackerman’s account of what happens instead. But nuance can be a vice of a theory as well as a virtue, depending on whether the goal is to understand a phenomenon in its complexity or to provide an actionable program for the future. We The People aims to do both: it is, after all, a grand project, probably the most important in constitutional thought in the last thirty years. But ...


Review Of Taming Globalization: International Law, The U.S. Constitution, And The New World Order, Kristina Daugirdas Jan 2014

Review Of Taming Globalization: International Law, The U.S. Constitution, And The New World Order, Kristina Daugirdas

Reviews

According to Julian Ku of Hofstra University School of Law and John Yoo of the University of California, Berkeley, School of Law, globalization poses a significant threat to the U.S. constitutional system of governance. In their recent book, Taming Globalization: International Law, the U.S. Constitution, and the New World Order, they seek to reassure readers that this threat can be deflected. If their prescriptions are followed, Ku and Yoo argue, the United States can avoid constitutional problems while continuing to reap the benefits of international cooperation. Ku and Yoo insist that they are neither trying to stop globalization ...


Gideon V. Wainwright A Half Century Later, Yale Kamisar Jan 2014

Gideon V. Wainwright A Half Century Later, Yale Kamisar

Reviews

When he was nearing the end of his distinguished career, one of my former law professors observed that a dramatic story of a specific case "has the same advantages that a play or a novel has over a general discussion of ethics or political theory." Ms. Houppert illustrates this point in her very first chapter.


The Model Of Plans And The Prospects For Positivism, Scott Hershovitz Jan 2014

The Model Of Plans And The Prospects For Positivism, Scott Hershovitz

Reviews

In Legality, Scott Shapiro builds his case for legal positivism on a simple premise: laws are plans. Recognition of that fact leads to legal positivism, Shapiro says, because the content of a plan is fixed by social facts. In this essay, I argue that Shapiro’s case for legal positivism fails. Moreover, I argue that we can learn important lessons about the prospects for positivism by attending to the ways in the argument fails. As I show, the flaws in Shapiro’s argument reveal structural problems with a family of prominent positivist views, including the one defended by Joseph Raz.


The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White Jan 2013

The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White

Reviews

Bill Miller has done something quite uncommon, possibly singular: he has become a prominent law professor by writing books that have nothing to do with the law. His books do not even have the remote relation to law that books by philosophers or historians can claim. Having studied medieval history before law school and achieved law school tenure by teetering on the edge of law in his work on Icelandic sagas, Miller jumped the fence completely in his books The Mystery of Courage, The Anatomy of Disgust, and Faking It. He has never returned. Presumably, this Review earned a place ...


Late-Night Law Firms, Scott Hershovitz Jan 2013

Late-Night Law Firms, Scott Hershovitz

Reviews

But it turns out that those late-night lawyers may not deserve the scorn that they get. In Sunlight and Settlement Mills, Nora Freeman Engstrom argues that firms like the ones that advertise late at night have developed practice models that achieve many of the aims that reformers have for no-fault accident compensation schemes. They deliver compensation cheaply and quickly, because they settle almost every claim and nearly never go to court. They resolve claims predictably and consistently, on account of cozy relationships with insurance adjusters that lead to a shared sense as to what different sorts of claims are worth ...


Review Of Corrective Justice, By E. Weinrib, Scott Hershovitz Jan 2013

Review Of Corrective Justice, By E. Weinrib, Scott Hershovitz

Reviews

I once heard it said of a famous philosopher of law that he never allowed his philosophy to be polluted by law. No one will ever say that about Ernie Weinrib. His latest book - Corrective Justice - is exceptional precisely because Weinrib is deeply informed about legal doctrine. Of course, he also has formidable philosophical skill, and in bringing that to bear on doctrine, he dismantles any thought that corrective justice is too abstract a concept to shed light on the practical problems that courts face. Along the way, he also demol­ ishes the instrumentalism that has recently dominated scholarship about ...


A Crisis In Federal Habeas Law, Eve Brensike Primus Jan 2012

A Crisis In Federal Habeas Law, Eve Brensike Primus

Reviews

Everyone recognizes that federal habeas doctrine is a mess. Despite repeated calls for reform, federal judges continue to waste countless hours reviewing habeas petitions only to dismiss the vast majority of them on procedural grounds. Broad change is necessary, but to be effective, such change must be animated by an overarching theory that explains when federal courts should exercise habeas jurisdiction. In Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ, Professors Nancy King and Joseph Hoffmann offer such a theory. Drawing on history, current practice, and empirical data, King and Hoffmann find unifying themes ...


Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus Jan 2012

Our Broken Misdemeanor Justice System: Its Problems And Some Potential Solutions, Eve Brensike Primus

Reviews

Although misdemeanors comprise an overwhelming majority of state criminal court cases, little judicial and scholarly attention has been focused on how misdemeanor courts actually operate. In her article, Misdemeanors, Alexandra Natapoff rights this wrong and explains how the low-visibility, highly discretionary decisions made by actors at the misdemeanor level often result in rampant discrimination, incredible inefficiency, and vast miscarriages of justice. Misdemeanors makes a significant contribution to the literature by refocusing attention on the importance of misdemeanor offenses and beginning an important dialogue about what steps should be taken going forward to fix our broken misdemeanor justice system.


Cute Prickly Critter With Presbyopia, Donald J. Herzog Jan 2012

Cute Prickly Critter With Presbyopia, Donald J. Herzog

Reviews

Ronald Dworkin's' latest, long-awaited, and most ambitious book is a puzzle. Truth in advertising first: despite the title, this isn't centrally a book about justice. It's a book about the realm of value-all of that realm. Dworkin is most interested here in morality, but really touches on all of it, as a matter of the application of the abstract argument and sometimes in black and white right on the page, from aesthetics to prudence to morality to politics to law to . . . . It's fun to read, also frustrating. It stretches out lazily in handling some issues but ...


Review Of Seeds Of Destruction: Why The Path To Economic Ruin Runs Through Washington, And How To Reclaim American Prosperity, Michael S. Barr Jan 2011

Review Of Seeds Of Destruction: Why The Path To Economic Ruin Runs Through Washington, And How To Reclaim American Prosperity, Michael S. Barr

Reviews

The United States has just gone through the worst financial crisis since the Great Depression. Our financial system came to brink of collapse, saved only by a massive intervention by the federal government. Although officially the Great Recession is now over, high unemployment and slow growth persist. Deficits that were ballooning in the 2000s with the weight of tax cuts, increased health care expenditures, and defense spending related to Iraq and Afghanistan, even before the financial crisis, have continued to climb, as lower tax receipts, automatic stabilizers, and fiscal stimulus kicked into gear.


"Per Se Illegality For Reverse Payment Settlements?" Review Of "Unsettling Drug Patent Settlements: A Framework For Presumptive Illegality, Daniel A. Crane Jan 2010

"Per Se Illegality For Reverse Payment Settlements?" Review Of "Unsettling Drug Patent Settlements: A Framework For Presumptive Illegality, Daniel A. Crane

Reviews

Congratulations to Mike on a very fine book. I will confine my comments to Mike's chapter on patent settlements (Chapter 15), which I understand will also be coming out as an article in the Michigan Law Review. Patent settlements involving "reverse payments" are a huge topic on which I and many others have spilled much ink already. Representative Bobby Rush (President Obama's erstwhile nemesis from Chicago's South Side) has just introduced legislation that would ban reverse payments.' I will not regurgitate my entire spiel on patent settlements here, but instead just try to highlight my essential disagreement ...


Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson Jan 2010

Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson

Reviews

Any attempt to analyze China’s comprehensive labor reform over the past three decades faces at least two dilemmas. First, the analyst must confront the task of describing how the Chinese state has dismantled the “work unit” (or danwei)- based “iron rice bowl” employment and entitlements system, replacing that comforting but low-production employment and social security scheme with formally-proclaimed legal rights and institutions apparently designed to protect employees in a functioning labor market. Second, the analyst must track how the state’s commitment (at all levels of government) to implementation of proclaimed legal and institutional protections has waxed and waned ...


Review Of Staying With Conflict: A Strategic Approach To Ongoing Disputes, Carl E. Schneider Sep 2009

Review Of Staying With Conflict: A Strategic Approach To Ongoing Disputes, Carl E. Schneider

Reviews

Bernie is at it again! And we can be thankful for that. For the past three decades, he has consistently provided leadership in our field. A central part of his work has been his invitation for us to rethink just what our field is. Through his work, he has offered us an expanded definition of our role. This time, in Staying with Conflict, he wants us to consider how misleading and confining our tag line of “conflict resolution” is. So much of what we deal with cannot be resolved! If that is our self-concept, he argues, we will often be ...


Review Of Trial Of Modernity: Judicial Reform In Early Twentieth Century China, 1901-37, By Xiaoqun Xu, Nicholas C. Howson Jan 2009

Review Of Trial Of Modernity: Judicial Reform In Early Twentieth Century China, 1901-37, By Xiaoqun Xu, Nicholas C. Howson

Reviews

Observing these significant legal-political debates in the Chinese press and academy in the first decade of the twenty-first century, we might think they concern battles started only in the last decade and a half of Reform-era China. Now Professor Xu Xiaoqun reminds us that these struggles have a much longer pedigree, stretching back to the end of the nineteenth century and China's first fraught encounter with "the West" and one idea of "modernity."


Review Of Reforming Medicare: Options, Tradeoffs, And Opportunities, Jill R. Horwitz Jan 2009

Review Of Reforming Medicare: Options, Tradeoffs, And Opportunities, Jill R. Horwitz

Reviews

Medicare needs fixing. The program has its strengths; it is popular among beneficiaries, has very low administrative costs (maybe too low), and, since its inception, has greatly reduced financial risk exposure among beneficiaries. Nevertheless, it is unaffordable and inefficient. Jeanne Lambrew and Henry Aaron take up both of these challenges for Medicare reform in great detail in Reforming Medicare.


Chicago, Post-Chicago, And Neo-Chicago, Daniel A. Crane Jan 2009

Chicago, Post-Chicago, And Neo-Chicago, Daniel A. Crane

Reviews

Of all of Chicago's law and economics conquests, antitrust was the most complete and resounding victory. Chicago, of course, is a synecdoche for ideological currents that swept through and from Hyde Park beginning in the 1950s and reached their peak in the 1970s and 1980s. From early roots in antitrust and economic regulation, the Chicago School branched outward, first to adjacent fields like securities regulation, corporate law, property, and contracts, and eventually to more distant horizons like sexuality and family law. Predictably, the Chicago School exerted its greatest influence in fields closely tied to commercial regulation. But never did ...


The Virtues Of Medicare, Jill R. Horwitz Jan 2008

The Virtues Of Medicare, Jill R. Horwitz

Reviews

Most of us look forward to a heaven where people don't get sick. But if they do, health care would be traded among fully informed patients and providers in perfectly competitive and frictionless markets. In that perfect world, sick citizens simply shop for doctors the way they shop for other consumer goods. The better doctors, like the most elegant hotel rooms and fanciest cars, would cost more than inferior doctors. Patients would consult their utility meters and, with appropriate attention to discounting over an infinite lifetime, choose accordingly. After each treatment, the patients would know the quality of their ...


The Big One, Edward A. Parson Jan 2007

The Big One, Edward A. Parson

Reviews

Richard Posner's Catastrophe: Risk and Response (Oxford University Press, 2004) examines four risks whose worst cases could end advanced human civilization or worse: asteroid impacts, a catastrophic chain reaction initiated in high-energy particle accelerators, global climate change, and bioterrorism. He argues that these all warrant more thought and response than they are receiving, and that they can usefully be assessed using a simple analytic framework based on cost-benefit analysis. This essay reviews knowledge of these risks and critically examines Posner's claims for a consistent analytic approach. While the conclusions that each risk merits more thought and effort appear ...


Review Of The Philosophy Of Positive Law: Foundations Of Jurisprudence, Howard Bromberg Jan 2007

Review Of The Philosophy Of Positive Law: Foundations Of Jurisprudence, Howard Bromberg

Reviews

This meticulously researched book addresses a central question of analytical and philosophical jurisprudence: What is positive law? Throughout his analysis, James Bernard Murphy, author of The Moral Economy of Labor: Aristotelian Themes in Economic Theory (New Haven: Yale University Press, 1993), contrasts positive law with the other two kinds of law that constitute the triad of legal concepts - natural law and customary law. Although they are treated at length in this work, Murphy states in the preface that he intends to write a companion volume on natural law and customary law, "thus completing the foundation of philosophical jurisprudence" (p. x ...