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The Situation of the Supreme Court
Posted on October 30, 2008
Earlier this year, Jeffrey Rosen wrote an interesting piece in the New York Times Magazine on how the increase in business-related cases heard before the U.S. Supreme Court appears to correspond to ideological changes among members of the Court and in the country. We excerpt the piece below. * * * The Supreme Court term […]
Posted in Deep Capture, Law | 2 Comments »
The Gendered Situation at Harvard Law School – Part III
Posted on May 15, 2013
The Harvard Crimson‘s Dev Patel has an outstanding series of articles last week on gender inequality at Harvard Law School. Here are some excerpts from the third article, titled “Female HLS Graduates Enter a Job Market Dominated by Men” in the series. The law firm Brune & Richard is an anomaly. In a world where […]
Posted in Distribution, Education, History, Law | Leave a Comment »
The Gendered Situation at Harvard Law School – Part I
Posted on May 8, 2013
The Harvard Crimson‘s Dev Patel has an outstanding series of articles this week on gender inequality at Harvard Law School. Here are some excerpts from the first article, titled “Once Home to Kagan and Warren, HLS Faculty Still Only 20 Percent Female” in the series. Just 20 percent of U.S. senators are female. Women make […]
Posted in Distribution, Education, History, Law | Leave a Comment »
Will John Roberts Drift?
Posted on July 10, 2012
A number of years ago, Jon Hanson and I wrote an article for Boston Review on the situations that lead Supreme Court justices to drift (or not drift) from their previous ideological moorings, which has gained new relevance in light of Chief Justice John Roberts majority opinion on the constitutionality of the new national health […]
Posted in Ideology, Law, Politics, Situationist Contributors | Leave a Comment »
The Situation of State Judiciaries
Posted on June 26, 2012
From The Anerican Scholar: The hearing room of the Wisconsin Supreme Court could be a Beaux-Arts museum, exhibiting images of justice as idealized in America for centuries: ornate, dignified, above reproach. Light pours in through a huge leaded-glass skylight, radiating off veined white marble. Large murals set high off the floor dominate each wall, depicting […]
Posted in Deep Capture, Law, Politics | Leave a Comment »
The Situation of Chicago School “Law and Economics”
Posted on June 10, 2012
From Business Week (an article, by Peter Coy, including several quotations from Situationist Editor, Jon Hanson): Q: How many Chicago School economists does it take to change a light bulb? A: None. If the light bulb needed changing, the market would have done it by now. Chicago-style free-market economics is an easy target for satire, […]
Posted in Behavioral Economics, Choice Myth, Deep Capture, Ideology, Legal Theory | Leave a Comment »
Exciting New Book from Tamara Piety!
Posted on April 16, 2012
Situationist friend and Tulsa law professor Tamara Piety’s new book, Brandishing the First Amendment: Commercial Expression in America, has just hit book stores! It looks to be an engaging read for all of us interested in how commercial entities have shaped and wielded First Amendment jurisprudence to increase profits and secure power. And it is […]
An Eye for Detail: Reforming Witness Identification Procedures
Posted on September 4, 2011
As a number of Situationist contributors have chronicled, bringing research from psychology and neuroscience to legal problems has been met with quite a lot of resistance over the years. One of the major impediments has been that this research often tells us things about ourselves and our system that we do not want to hear. […]
Posted in Education, Law | 1 Comment »
The Situation of Antitrust Law
Posted on August 9, 2011
Maurice E. Stucke recently posted his thoughtful paper, “Reconsidering Antitrust’s Goals” on SSRN. Here’s the abstract. * * * Antitrust policy today is an anomaly. On the one hand, antitrust is thriving internationally. On the other hand, antitrust’s influence has diminished domestically. Over the past thirty years, there have been fewer antitrust investigations and private […]
Posted in Abstracts, Behavioral Economics, Distribution, History, Law | Leave a Comment »
Clarifying Judicial Understanding of “Stereotyping”
Posted on July 20, 2011
Kerri Lynn Stone recently posted her article, “Clarifying Stereotyping” (59 Kansas Law Review 2011) on SSRN. Here’s the abstract. * * * People make comments all the time that include or invoke stereotypes. Sometimes those comments are indicative of their belief systems or values. Sometimes they are feeble – or genuine – attempts at humor […]
Posted in Abstracts, Law, Legal Theory | Leave a Comment »
Trampling People While Whistling Rights: Normative Visions, Judicial Realities in Times of Terror
Posted on June 22, 2011
Rio Pierce wrote this post for Law & Mind Blog: Marbury v. Madison, Miranda, and Brown v. Board of Education are hallmarks of a judicial canon that preaches a heroic vision of Constitutional Law arbitrated in our highest tribunal. These cases tell a story of the judicial process that reflects a flattering normative vision of […]
Posted in History, Ideology, Law | Leave a Comment »
Sexual Harassment at Wal-Mart?
Posted on May 17, 2011
Joseph M. Sellers, head of the Civil Rights and Employment practice group at Cohen Milstein, shared his experience working on Dukes v. Wal-Mart Stores, the largest civil rights class action suit in the United States. Sellers, who is representing a class of more than 1.5 million female employees at Wal-Mart stores in an ongoing sexual […]
Posted in Law | 2 Comments »
Situational Sources of the Holocaust
Posted on May 6, 2011
From the Harvard Gazette: The table slab was cold and hard beneath 6-year-old Irene Hizme as doctors and nurses took measurements and blood samples. She didn’t know what was happening to her, and by the time it was all over, she wouldn’t care. She was found lying nearly comatose on the ground by a woman […]
Posted in Education, History, Ideology, Morality, Video | 1 Comment »
Unconscious Racial Attitudes
Posted on April 22, 2011
David Kairys posted his article, titled “Unconscious Racism” (forthcoming Temple Law Review, Vol. 83, 2011) on SSRN. Here’s the abstract. * * * This article is the introduction to a law review symposium on unconscious racism and social science and statistical evidence of bias as bases for race discrimination claims, focusing concretely on discrimination in […]
Posted in Abstracts, Implicit Associations, Politics | Leave a Comment »
