ITT I make up law review article/note/whatever ideas

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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 5:57 pm

Crits as Punks: "Cool Can't Be Commodified"


Cites extensively to Dick Hebdige, Pierre Bourdieu, Greil Marcus. Also to Posner on legalizing LSD, and to McLuhan and Gutenberg Galaxy / "cool media."

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Francophobia and Jurisprudence: Spending Decades Talking About Hart-Dworkin Because You Don't Like Kennedy's Fancy Lad Cites

This is an article about the Anglo-American legal and literary traditions and Posner's underrated work on law and literature.

Harold Bloom:
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Also there should be an article on Beckett and law humor

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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 6:09 pm

Separation Anxiety and Cold War Hangover Knee-Jerk Reactions to "Cultural Marxism" - or, Where Do We Draw the Line???

Cites to "Law, Republic, and the Possible: Jurisprudence, Architecture, and Renaissance" (supra) and Althusser's "Lenin and Philosophy"

Louis Althusser wrote:But we can discern in this tactic much more than a tactic, something I should like to call a ‘practice’ of philosophy, and the consciousness of what practising philosophy means; in short the consciousness of the ruthless, primary fact that philosophy divides. If science unites, and if it unites without dividing, philosophy divides, and it can only unite by dividing. We can thus understand Lenin’s laughter: there is no such thing as philosophical communication, no such thing as philosophical discussion.

All I want to do today is to comment on that laughter, which is a thesis in itself.

I venture to hope that this thesis will lead us somewhere.

https://www.marxists.org/reference/arch ... osophy.htm
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 6:17 pm

Hermeneutics, Preferences, and Literally Writing the Legal Dictionary and Also a Treatise on Interpretation with Justice Scalia

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http://www.greenbag.org/v16n3/v16n3_articles_garner.pdf

This is an article about how if Bryan Garner doesn't like your take on hermeneutics you can pound sand. How do you like them hermeneutic apples?

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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 6:24 pm

Critsplaining: Toward a Vernacular Critical Legal Scholarship

This should be a symposium

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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 6:28 pm

Law and Like, Whatever: I Am Starry-Eyed About The New Interdisciplinary Legal Scholarship

This talks about Samuel Johnson, Edward Gibbon, writing dictionaries and not literature, and the self-perpetuating quality of deadening busywork.

Posner, Michigan Law Review
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Hugh Trevor-Roper, Journal of Law and Economics
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The article is also about law school and the crisis of Modernism. Can the Subaltern Speak? Make It New

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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 6:48 pm

No, We Don't Read the Writing Samples; They Haven't Been Shown to Correlate to Getting Points: A Positive Theory of Grade-On
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Re: ITT I make up law review article/note/whatever ideas

Postby hdunlop » Fri Mar 06, 2015 6:49 pm

This is a transcendentally great thread.

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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 6:50 pm

hdunlop wrote:This is a transcendentally great thread.

I look forward to reading scholarship on it

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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 7:01 pm

Empirical scholarship on views/posts ratio on:

a thread about a post-cynical critical legal scholarship and liberation theology, as compared with
a thread about whether a biglaw job will allow you the basic human happiness of owning a dog

Mind you, this is descriptive and not normative, of course. Very objective over here. No agenda
*looks up "agenda" in Black's Legal Dictionary to make sure*

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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 7:06 pm

Judge Alex Kozinski: The Walter Benjamin of Law - or, The Legal Work of Art in the Age of Mechanical Reproduction

Judge Kozinski wrote:I don't know about you, but this strikes me as a monumental academic achievement. Regardless of the outcome in the case, it seems remarkable that in five short years a single law professor can bring an issue such as this out of the closet and force its consideration by the Supreme Court. Cassell, through his academic writings, has given this issue legitimacy, and an argument that a mere five years ago would have been received with a chuckle may now turn out to be the law of the land.

So I have discussed three ways in which academics influence judicial decision making: through their casebooks, by critiquing - and sometimes denying legitimacy - to court opinions, and by proposing and granting legitimacy to new legal doctrines. A fourth way is by synthesizing the caselaw in a particular area of the law and providing a new lens through which we can view legal problems.

http://notabug.com/kozinski/legalscholarship
http://modernism.research.yale.edu/wiki ... production
http://www.ericejohnson.com/projects/en ... tation.pdf
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071816
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Re: ITT I make up law review article/note/whatever ideas

Postby 071816 » Fri Mar 06, 2015 7:14 pm

pedantic drivel

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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 8:17 pm

chimp wrote:pedantic drivel

Mouthbreathers in the Law: Read More Books

This is an article about illiterate betas on law school websites. It discusses the lay School of Resentment, anti-intellectualism, grinding, and mediocrity.

It is an update to this seminal work to reflect prole drift in accusations of pedantry:

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...
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http://www.jstor.org/stable/1093247

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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 9:33 pm

It's About Gaming in Ethics Journalism: Toward a "Countermajoritarian Blockchain" Cognitive Model of Liberal Democracy, Deliberation, and Transaction Costs
http://cgi.csc.liv.ac.uk/~dan/new/publi ... ieee09.pdf
http://econweb.ucsd.edu/~jandreon/Econ2 ... 202003.pdf
http://itu.dk/~jonfe/boompearls/littera ... larsen.pdf

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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 9:36 pm

If I Had Asked Them What They Wanted, They Would Have Said Faster Dead Horses to Beat: A Post-Fordist Assembly Model of Cite Checking and Legal Employment

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Re: ITT I make up law review article/note/whatever ideas

Postby ub3r » Fri Mar 06, 2015 9:46 pm

Businesslady wrote:
chimp wrote:pedantic drivel

Mouthbreathers in the Law: Read More Books

This is an article about illiterate betas on law school websites. It discusses the lay School of Resentment, anti-intellectualism, grinding, and mediocrity.

It is an update to this seminal work to reflect prole drift in accusations of pedantry:

http://www.jstor.org/stable/1093247

I feel like you were sitting on this when you made this thread, knowing someone would eventually accuse you of esotericism

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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Fri Mar 06, 2015 9:53 pm

Actually, it was a page 1 JSTOR result for "pedant." Truth finds a way

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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Sat Mar 07, 2015 11:25 am

I should just start a whole journal of barely financially literate lex mercatoria scholarship

Does a Volatile Apple Spoil the Whole Dow 30? Price-Weighted Doctrine, Positivist Markets, Fundamentalism, and Reflexivity
http://www.bloomberg.com/news/articles/ ... place-at-t
http://www.ft.com/intl/cms/s/2/0ca06172 ... z3TiFRmJjQ
http://papers.ssrn.com/sol3/papers.cfm? ... id=2546370

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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Sat Mar 07, 2015 11:42 am

Why, Yes, I Will Write an Entire Article about "[German] Ideology," Get My Habermas from 1981, and Not Cite to Napoleon, Kennedy, or Michelman, Thanks for Asking
http://papers.ssrn.com/sol3/papers.cfm? ... id=2465672
https://books.google.com/books?id=yITKtaJHjlwC&pg=PA1
http://mitpress.mit.edu/books/nietzsche-apostle
http://www.cardozolawreview.com/volume-17-issue-5.html

e: I am not mad at Law and Western Marxism/Frankfurt School at all and this article is probably a good look in context, but Kennedy on Hart/Kelsen:
http://duncankennedy.net/documents/Phot ... tation.pdf

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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Sat Mar 07, 2015 1:58 pm

Fuck it, here:

Toward a "Compassionate Becoming-Fascist": Hayek, Singularity, Gestalt, and Post-Positivism (A Thousand Views of the Cathedral)

Kennedy on Hart/Kelsen vs. phenomenological jurisprudence / legal "work"
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"Substance" as "procedure"
http://en.wikipedia.org/wiki/Digital_physics
http://en.wikipedia.org/wiki/Procedural_programming

Formalism and legal education / McLuhan and the extensions of man
http://www.rushkoff.com/program-or-be-programmed/

"French McLuhan"
http://www.christianhubert.com/writings ... hines.html
http://mitpress.mit.edu/books/thousand-machines

Samuelson on Coase/massive parallelism supra on Lange-Lerner vis-à-vis "the politics of speed" supra

and "the base determines the superstructure, but only in the last instance"
Image
(Can the Subaltern Speak?)

Make Crit New

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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Sat Mar 07, 2015 2:22 pm

A Supermarket in California: Nomadology, Federalism, and Chilling Effects (On Peaches and Penumbras)

This is an article about digitizing the legal profession because the clients want efficiency, whether the 9th Circuit should be cut in half, and passing the cashier.

"Serf the Web with Amazon Mechanical Turk"
@georgelazenby

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Allen Ginsberg wrote:What thoughts I have of you tonight, Walt Whitman, for I walked down the sidestreets under the trees with a headache self-conscious looking at the full moon.
In my hungry fatigue, and shopping for images, I went into the neon fruit supermarket, dreaming of your enumerations!
What peaches and what penumbras! Whole families shopping at night! Aisles full of husbands! Wives in the avocados, babies in the tomatoes!--and you, García Lorca, what were you doing down by the watermelons?

I saw you, Walt Whitman, childless, lonely old grubber, poking among the meats in the refrigerator and eyeing the grocery boys.
I heard you asking questions of each: Who killed the pork chops? What price bananas? Are you my Angel?
I wandered in and out of the brilliant stacks of cans following you, and followed in my imagination by the store detective.
We strode down the open corridors together in our solitary fancy tasting artichokes, possessing every frozen delicacy, and never passing the cashier.

Where are we going, Walt Whitman? The doors close in a hour. Which way does your beard point tonight?
(I touch your book and dream of our odyssey in the supermarket and feel absurd.)
Will we walk all night through solitary streets? The trees add shade to shade, lights out in the houses, we’ll both be lonely.
Will we stroll dreaming of the lost America of love past blue automobiles in driveways, home to our silent cottage?
Ah, dear father, graybeard, lonely old courage-teacher, what America did you have when Charon quit poling his ferry and you got out on a smoking bank and stood watching the boat disappear on the black waters of Lethe?

Marshall "You know nothing of my work" McLuhan:
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It is also about dérive, psychogeography, intellectual property / cognitive capitalism, and play.

Judge Alex Kozinski, Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894, 908 (9th Cir. 2002) wrote:The parties are advised to chill.

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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Sat Mar 07, 2015 2:57 pm

After Shock Doctrine: Putting the K in Howard Stern

This is a legal ethics piece. It covers Naomi Klein's globalization panic, rank provocateurism and anesthesia, and Anna Nicole Smith's attorney and lover.

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Re: ITT I make up law review article/note/whatever ideas

Postby pancakes3 » Sat Mar 07, 2015 3:33 pm

tag


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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Mon Mar 09, 2015 5:58 pm

Analogy, Aporia, and Alienation: "Thinking Like a Lawyer," Gifts contra "Consideration," and Becoming-Commodity

This is an article deconstructing positivist law school websites and exploring the moral hazard of moving from case-based to rule-based reasoning

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http://itzhakgilboa.weebly.com/uploads/ ... logies.pdf
http://www.iep.utm.edu/derrida/#H7

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Businesslady
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Re: ITT I make up law review article/note/whatever ideas

Postby Businesslady » Mon Mar 09, 2015 6:13 pm

Adventure Mode vs Creative Mode: A Theory of Property Basically Plagiarizing This Minecraft Analogy But Less Annoying / Twee


http://en.wikipedia.org/wiki/Narcissism ... ifferences




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