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 » Mon Mar 09, 2015 6:57 pm

Research and Development: Let People Cook

This is the first in a series of pieces about tastemaking in doctrinal scholarship, jobs and late capitalism, and the phenomenology of $$$$ Yelp reviews.

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https://books.google.com/books?id=dzbLOUMQx-8C&pg=PA152

vs.

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http://polaris.gseis.ucla.edu/drucker/A ... 07.pdf.pdf

----

If this feels like an apologia for breaking eggs to make a nice brunch, it goes without saying that eggs should not be expensive
http://mitpress.mit.edu/books/making-indebted-man-0
http://en.wikipedia.org/wiki/Modigliani ... er_theorem

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

Postby Businesslady » Mon Mar 09, 2015 7:03 pm

That Is the Ugliest F-ing Bag I Have Ever Seen: In Response to Paul Campos

This is about Veblen goods, Bourdieu's Distinction, and how Michigan should subsidize more research into Icelandic blood feuds, and also post-Fordism.

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http://theweek.com/articles/450341/how- ... ion-bubble
http://www.mit.edu/~allanmc/bourdieu1.pdf

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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 7:32 pm

Robert Parker, Robert Morse: Toward a "The Bobs" Model of Quantitative Corporatist Haute Lumpenproletariat Negging

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http://en.wikipedia.org/wiki/Politician%27s_syllogism

This should be a chapter in a book about striving called The Failed American Aristocracy and the Fallacy of the Undistributed Middle

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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 7:53 pm

Should a Kickstarter to Get Brian Tamanaha a Jet Ski and Sunglasses Include a Case of Beer? Policy Arguments

This is an article about not getting around to reading Brian Tamanaha's 2006 book about the rule of law but appreciating his not taking raises because law schools are debt factories. The policy debate can be on multiple points, including but not limited to whether InBev should be providing the beer or whether including the beer is an effective statement that InBev should have also bought the jet ski and sunglasses.

It goes beyond how Tamanaha rules and is doing work, and discusses work and rules generally, and also legal education and the reproduction of work-to-rule.

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http://en.wikipedia.org/wiki/Work-to-rule

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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 9:04 pm

Wait, Like, Is This Détournement or Recuperation? ELI5 as Praxis

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This is a piece about >tfw you don't understand exactly what's up with HLS small-s situationism but you guess you could just read the Penn Law Review article.

http://www.bostonglobe.com/ideas/2015/0 ... story.html
http://papers.ssrn.com/sol3/papers.cfm? ... _id=938005
http://en.wikipedia.org/wiki/Situationi ... d_politics

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

Postby hiima3L » Mon Mar 09, 2015 9:07 pm

More, please.

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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 9:30 pm

8 articles in a day seems like a pretty decent clip but I'll see what I can do. I'm held up because I can't find this article anywhere on the whole dumb internet:
'Judicial Concept Acquisition: An Analytic Framework', 3 University College London Journal of Law and Jurisprudence, (2014) pp.1-29.

Is that journal actually open access?

Gonna read this, try to piece any implied "analytic framework" together, and sulk:
http://papers.ssrn.com/sol3/papers.cfm? ... id=2282912

In the meantime here is a picture of Brian Tamanaha and Paul Campos (at a conference) I found while researching the jet ski Kickstarter piece
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georgej
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Re: ITT I make up law review article/note/whatever ideas

Postby georgej » Mon Mar 09, 2015 10:12 pm

:lol: :lol: :lol:

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

Postby Jchance » Mon Mar 09, 2015 11:43 pm

this thread really delivers!

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

Postby Businesslady » Tue Mar 10, 2015 1:29 am

Academic Legal Writing and Grapefruit

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This is an article comparing the merits of Eugene Volokh's Academic Legal Writing with those of Yoko Ono's Grapefruit in structuring legal scholarship.

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

Postby Businesslady » Tue Mar 10, 2015 6:01 pm

If You're Good at Something, Never Do It for Free: Formalism and Discretion, Scarcity and Mercenaries, and Killing the Batman Within

Cites to "Law, Republic, and the Possible: Jurisprudence, Architecture, and Renaissance"

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This is an article about sentencing reform and becoming the efficient market you wish to see in the world. Please don't KYS. Maybe go to law school. Why so serious?

http://www.aaronsw.com/weblog/tdk
http://www.aaronsw.com/weblog/dalio

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

Postby Businesslady » Tue Mar 10, 2015 6:22 pm

Market Pricing: Libs Explain

This is a law and economics article for a lex mercatoria journal about how arguing for taxing corporations a lot and getting mad at "the banks" as if that were the proper vector of getting everyone fed, clothed, and housed is pretty obnoxious, but at least it's less obnoxious than thinking dollars are private property. It includes a critique of Hannah Arendt's The Origins of Totalitarianism for its lack of Coasean analysis.

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http://www.ses.unam.mx/docencia/2007II/ ... uelson.pdf
http://papers.ssrn.com/sol3/papers.cfm? ... id=2257783
http://en.wikipedia.org/wiki/The_Origin ... itarianism
http://www.strongwindpress.com/pdfs/tui ... uelson.pdf

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

Postby Businesslady » Tue Mar 10, 2015 6:44 pm

Bentham and Burke: Efficiency and W.A.S.T.E.

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This one is about how the free market and individual liberties are both kind of bullshit compared to what the police state could do today, and that resource allocation is best accomplished by a massive neoliberal surveillance state. It argues that while not being the most incarcerated country in history and sending 20% of kids to bed hungry would be nice in a world superpower in 2015, at the moment these are considered political questions for states to decide. This article argues that states should fuck right off, all psychedelics should be immediately legalized, and adopts Posner's views on privacy, which I think is more or less that it's totally made up and not a real thing, but I don't remember.

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http://moglen.law.columbia.edu/publicat ... rkean.html
http://www.feedingamerica.org/hunger-in ... sheet.html
https://www.jacobinmag.com/2012/04/agai ... for-order/
http://cl49.pynchonwiki.com/wiki/index. ... _W.A.S.T.E.
http://en.wikipedia.org/wiki/Security,_ ... Population
http://en.wikipedia.org/wiki/Panopticon
http://www.newrepublic.com/article/1178 ... n-reviewed

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

Postby Businesslady » Tue Mar 10, 2015 7:02 pm

Crypto-Fascism and the 51%: If I Can't Call the Cops About Bitcoin, It's Not My Revolution

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This cites to the article about compassionate becoming-fascist upthread. It's about William F. Buckley calling Gore Vidal a queer and utopian possibilities.

Gore Vidal wrote:Since I began this operation with a story from The Lakeville Journal, a sense of symmetry impels me to end with another newspaper quotation. During Buckley's campaign for Mayor of New York, The New York Times took exception to his "slurs on Negroes," and accused him of pandering to "brutish instincts." Buckley wanted to know to what brutish instincts he was appealing and The Times made answer, "Those instincts are fear, ignorance, racial superiority, religious antagonism, contempt for the weak and afflicted, and hatred for those different from oneself."

It argues that crypto national socialists would just empty accounts with massive computational power, and that Vidal should have just called Buckley a regular Nazi.

http://www.pitt.edu/~kloman/debates.html
http://en.wikipedia.org/wiki/Functional ... ntionalism
http://bitcoin.stackexchange.com/questi ... h-power-do

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

Postby Businesslady » Tue Mar 10, 2015 8:50 pm

Let's Assume Zero Transaction Costs: A Reductionist Biopolitical Theory of "Enforcement" (Not Scholarship)

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This is an article about becoming-Leiter, Hans Kelsen, and whether law students and lawyers would get Marx's 11th Thesis on Feuerbach.

Brian Leiter wrote:The criterion of scholarly inquiry is not whether it is of "help" to someone. Prozac is of "help" to lots of people, but it is not scholarship; and the great Austrian legal philosopher Hans Kelsen was of "help" to the constitutional systems of numerous countries after World War II (he basically designed them), though I'm quite sure his Pure Theory of Law is unintelligible to most law students and lawyers. The criterion of scholarly inquiry is whether it makes a contribution to knowledge and understanding, not whether it "helps." Of course, we know from history that genuine knowledge often helps with a host of practical and concrete problems, but it is the central premise of a research institution that the measure of its achievement is the quality of the scholarship, i.e., its contribution to knowledge--whether of law or biology or literature--not its practical pay-off in the short-term. American universities, including many American law schools, have an extraordinary track record on this score. That we need more diversification of missions among American law schools shouldn't obscure these facts central to the mission of universities.

Judge Alex Kozinski wrote:In thinking about the topic, I decided that it could be broken down into two parts. First, is legal scholarship relevant to the judiciary? Second, are there things that could be done to enhance the relevance of legal scholarship to the judiciary?

I don't want you sitting on the edge of your seat for the duration of the Lecture, so I won't keep you in suspense. The answer to both of these questions, in my view at least, is yes: Legal scholarship does matter, but it could matter more. Before I explain my conclusions, it's perhaps worth asking a preliminary question: Does - or should - anyone care about the relationship between judges and academics? Or should we take the attitude that judges and academics operate in different realms, and if they have something to say to each other, that's fine, but if they don't, that's just as well?

My own answer is that judges do care, and academics should care as well. That judges care can be inferred from the fact that judges rely on academic pieces in their work: Law review articles and legal treatises are cited in opinions on a regular basis. And it's not just any opinions, either; the opinions most likely to rely on the works of academics are those written in the gray areas of the law where precedent doesn't provide a clear-cut answer. In other words, the work product of academics often finds its way into the most difficult cases, suggesting that the authors of those opinions believe that the views of academics matter.

But do academics care? And should they? A lot of academics do care. I know this from the scores of law review article reprints, treatises and other writings I receive every year - each with a little note attached that goes something like this: "Dear Judge Kozinski. I enclose what may look like a brick, but is in fact a reprint of my 645-page article entitled "Tweedle-dee v. Tweedle-dum: The Law of Twins and the Twin of Laws.' I hope you will find this of intense personal and professional interest and hope you will send me your reaction to the article once you've had occasion to read it. Sincerely, etc." Then, there is the inevitable P.S.: "No doubt you will note that one of your opinions plays a significant role in the development of footnote 845. If you write another case like that one, I hope you will not hesitate to cite me."

http://en.wikipedia.org/wiki/Red_Queen_hypothesis
http://plato.stanford.edu/entries/lawphil-theory/
http://notabug.com/kozinski/legalscholarship
http://leiterlawschool.typepad.com/leit ... hools.html
https://www.marxists.org/archive/marx/w ... theses.htm
http://flat09.blogspot.com/2011/08/heid ... rendt.html

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

Postby Businesslady » Tue Mar 10, 2015 8:55 pm

Maybe You Can Download Rice: A Scholarly Response to "Let's Assume Zero Transaction Costs"



This article starts at 0:37.

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

Postby Businesslady » Tue Mar 10, 2015 9:02 pm

A Response to "Market Pricing: Libs Explain"

This is an article where libs explain. Quite convincingly, in fact.

http://papers.ssrn.com/sol3/papers.cfm? ... id=1699757
http://papers.ssrn.com/sol3/papers.cfm? ... id=2304378

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

Postby Businesslady » Tue Mar 10, 2015 11:32 pm

Mark 12

This is an article where I just submit Mark 12 to law reviews. Maybe highlighting the part about teachers of the law. Not sure yet.



http://en.wikipedia.org/wiki/Mark_12
http://hplusmagazine.com/2010/08/05/res ... hos-first/
http://en.wikipedia.org/wiki/Son_of_man

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

Postby Businesslady » Tue Mar 10, 2015 11:48 pm

Socratic Method, McLuhan contra Kierkegaard: Exploring The Gutenberg Galaxy vs. Rewriting a Concluding Unscientific Postscript

This should probably be in the Journal of Legal Education. It's about the shaman, the Kelsen-Kennedy debate, and permission/forgiveness.



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

Postby lacrossebrother » Wed Mar 11, 2015 12:01 am

Businesslady wrote:I have read lots of these things and they're generally not very good. My claim to expertise is having good taste in reading academic articles and generally enjoying relative novelty, so that might be counterproductive for legal scholarship. Anyway, I don't like writing long-form but I like doing basic research until I get bored of a subject, which is usually after about 15 minutes.

I also see threads here asking about paper ideas. I will even take specific requests for those but you have to promise to try and get them published when you're done and acknowledge Businesslady in your shout-outs. I would like to be cited more FYI.

If you think legal academia is flame in general then make your own thread and let me cook.

http://en.wikipedia.org/wiki/Computatio ... creativity
http://www.research.ibm.com/software/IB ... -Sheet.pdf


Doctrinal areas needing further study:

Cognitive labor law / Toward a post-Fordist jurisprudence / updating ideas of "work"
http://en.wikipedia.org/wiki/Cognitive-cultural_economy

Legal education and the reproduction of being an asshole / the Nietzschean will to power / formalism and strivers
http://duncankennedy.net/documents/Phot ... %20Ed..pdf
http://en.wikipedia.org/wiki/Will_to_power

Well I'm supposed to be writing #1 this semester. My article/directed research is on how it's bs that sharing economy companies think they can just call people independent contractors but at the same time it's nice that make-your-own hours work is more available. So I'm gonna advocate a new paradigm for companies that allow workers to make their own hours. ID gladly appreciate any recs on how this new medium-level of employment (ie less than full blown employee) should look. I'm thinking no healthcare or overtime, but minimum wage and anti-discrimination protections

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

Postby Businesslady » Wed Mar 11, 2015 1:12 am

OK here's what I think, just sort of making stuff up as I go and describing an article I would like to read

I think focusing on the public-private distinction is a thing there so I would take the approach outlined on page 1 ITT where you do the 4-step process starting with reading the Duncan Kennedy article on the devolution of liberal privatization doctrine, and then punting to statisticians and economists. You can rack up some "points" on the Coase/Calabresi property and liability rules before going into the home stretch talking about Schumpeter and creative destruction / innovation, I bet.

So there are, like, questions of liability and public choice theory underlying the higher-level abstraction of labor, right?

Sunstein on Lochner:
http://www.jstor.org/discover/10.2307/1122721

Calabresi:
http://digitalcommons.law.yale.edu/cgi/ ... fss_papers

Posner:
http://chicagounbound.uchicago.edu/cgi/ ... l_articles

Samuelson:
http://www.strongwindpress.com/pdfs/tui ... uelson.pdf

Keynes:
http://www.econ.yale.edu/smith/econ116a/keynes1.pdf

Some guy on Schumpeter:
http://papers.ssrn.com/sol3/papers.cfm? ... id=2257783

So the healthcare part would probably be a discussion of how in the rest of the civilized world, the state is acknowledged as the least cost avoider or whatever, and incentives are just getting all fucky all over? Yves Smith cites to a book I haven't read about medicine here:

http://www.nakedcapitalism.com/2013/08/ ... -jobs.html
http://books.google.com/books?id=pOfrTR ... &q&f=false

Anti-discrimination protections are harder because you kind of have to dig into the logic of "equal protection" and levels of scrutiny and what "discrete and insular" means in a sharing economy when the doctrine kind of came up in a post-New Deal society where labor has been the organizing principle of the social and political spheres, right? You can use a bunch of critical race theory / feminist scholarship and similar here. I'm really shitty at that stuff but there's just tons of it in law and policy journals that would be put to good use alongside doctrinal market discussions. Better yet, empirical law and social psychology research on the fallacy of e.g., "colorblindness."

I feel like to move away from wage-and-hour and the NLRB as administrative state sovereign or however labor works right now toward the Samuelson-Hayek decentralized market pricing model, though, a new "labor" market structure would still need to come with a strong social safety net and some kind of policing mechanism to keep people from being dicks (back to Posner on instrumental/non-instrumental theories and that law and psyc / critical literature).

Tl;dr I think this model would look kind of like the current one, but more "entrepreneurial" and with a way better welfare state. You can still come out capitalist AF:

Wikipedia, the free encyclopedia anyone can edit, wrote:The book also introduced the term 'creative destruction' to describe innovative entry by entrepreneurs was the force that sustained long-term economic growth, even as it destroyed the value of established companies that enjoyed some degree of monopoly power. Because of the significant barriers to entry that monopolies enjoyed, new entrants would have to be radically different: ensuring fundamental improvement was achieved, not a mere difference of packaging. The threat of market entry would keep monopolists and oligopolists' disciplined and competitive, ensuring they invest their profits in new products and ideas. Schumpeter believed that it was this innovative quality that made capitalism the best economic system.

http://en.wikipedia.org/wiki/Capitalism ... _Democracy

So I think your model sounds pretty OK with like UBI and UHC but maybe needs to dig into principles of agency, property/investment, and the idea of privity in employment? And maybe how things actually work in the world, I guess. Like, it would be interesting to just look into the history of how unions got more favorable hours for workers in the first place, and also recent flextime abuses and rhetoric.
http://en.wikipedia.org/wiki/Flextime#United_States

I think actual labor economists probably debate models that you can affix the legal abstractions to? I'll keep an eye out for things related to this

Oh, and duh:
http://www.nobelprize.org/nobel_prizes/ ... facts.html

There's also, like, the negotiated rulemaking, questions of rent, and worker's compensation aspects. This gets really complicated with insurance and stuff

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

Postby Businesslady » Wed Mar 11, 2015 7:32 pm

Is Parmenidean Materialism Turing-Complete? The Base Determines the Superstructure (But Only in the Last Instance)

This is an article about the substance-procedure distinction arguing that NP is just P with an insecurity discount factor.

http://papers.ssrn.com/sol3/papers.cfm? ... id=1090260
http://itzhakgilboa.weebly.com/uploads/ ... logies.pdf
http://en.wikipedia.org/wiki/Tracy_Flick
http://en.wikipedia.org/wiki/Base_and_superstructure
http://en.wikipedia.org/wiki/The_Struct ... lic_Sphere
http://downlode.org/Etext/nine_billion_ ... f_god.html

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

Postby Businesslady » Wed Mar 11, 2015 9:47 pm

Let's Not and Say We Did: Efficiency and Formal Realizability in (Reading) Legal Scholarship

This is an article about the too-common tendency not to read past the abstract of an article, encyclopedic models of knowledge, and Orin Kerr's seminal A Theory of Law. It argues that there should be a standardized citation form for scholarship posted on elite law school websites to facilitate the adoption of cutting-edge doctrinal work into a literature which, let's be real, is pretty much fucked right now by lack of peer review anyway.

http://www.yalelawjournal.org/review/the-bluebook-blues
http://www.greenbag.org/v16n1/v16n1_ex_post_kerr.pdf
http://www.jstor.org/discover/10.2307/468855
http://www.reddit.com/r/IAmA/comments/2 ... ma/cnfre0a
http://www.newyorker.com/magazine/1967/ ... d-politics
http://en.wikipedia.org/wiki/Regular_ex ... ompactness

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

Postby Businesslady » Wed Mar 11, 2015 10:02 pm

Legal Education and the Reproduction of Chomsky Hierarchy

See supra or whatever

http://en.wikipedia.org/wiki/Chomsky_hierarchy
http://www.professorbainbridge.com/prof ... oblem.html

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

Postby Businesslady » Wed Mar 11, 2015 10:31 pm

Law and High Theory: Get High, Read Theory (Modernism and Experimentation After Bix-Sontag)

This article argues for more PhDs in art history on law faculties, and discusses Harold Bloom's construct of the School of Resentment and Sloterdijk on cynicism.

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http://papers.ssrn.com/sol3/papers.cfm? ... id=2519606
http://faculty.georgetown.edu/irvinem/t ... -1964.html
http://www.newrepublic.com/article/1133 ... ons-living

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