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Articles 1 - 2 of 2
Full-Text Articles in Law
New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger
New Wine In Old Wineskins: Metaphor And Legal Research, Amy E. Sloan, Colin Starger
All Faculty Scholarship
We construct our conceptual world using metaphors. Yet sometimes our concepts are flawed and our metaphors do damage. This Article examines a set of metaphors currently doing damage in law – those for legal research. It shows that while technology has radically altered the material world of legal research, our dominant metaphors have remained static, and thus, become outmoded. Conceptualizing today’s reality using old metaphors fails; it is like pouring new wine in old wineskins. To address this problem, this Article first surfaces unwarranted assumptions buried in the metaphors we use when talking about research and then proposes new metaphors …
Optimizing Government For An Optimizing Economy, Cary Coglianese
Optimizing Government For An Optimizing Economy, Cary Coglianese
All Faculty Scholarship
Much entrepreneurial growth in the United States today emanates from technological advances that optimize through contextualization. Innovations as varied as Airbnb and Uber, fintech firms and precision medicine, are transforming major sectors in the economy by customizing goods and services as well as refining matches between available resources and interested buyers. The technological advances that make up the optimizing economy create new challenges for government oversight of the economy. Traditionally, government has overseen economic activity through general regulations that aim to treat all individuals equally; however, in the optimizing economy, business is moving in the direction of greater individualization, not …