ITT I make up law review article/note/whatever ideas Forum
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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 $$$$ Yelp reviews.
https://books.google.com/books?id=dzbLOUMQx-8C&pg=PA152
vs.
http://polaris.gseis.ucla.edu/drucker/A ... 07.pdf.pdf
----
If this feels like an apologia for breaking eggs to make a nice brunch, it goes without saying that eggs should not be expensive
http://mitpress.mit.edu/books/making-indebted-man-0
http://en.wikipedia.org/wiki/Modigliani ... er_theorem
This is the first in a series of pieces about tastemaking in doctrinal scholarship, jobs and late capitalism, and the phenomenology of $$$$ Yelp reviews.
https://books.google.com/books?id=dzbLOUMQx-8C&pg=PA152
vs.
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
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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.
http://theweek.com/articles/450341/how- ... ion-bubble
http://www.mit.edu/~allanmc/bourdieu1.pdf
This is about Veblen goods, Bourdieu's Distinction, and how Michigan should subsidize more research into Icelandic blood feuds, and also post-Fordism.
http://theweek.com/articles/450341/how- ... ion-bubble
http://www.mit.edu/~allanmc/bourdieu1.pdf
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
Robert Parker, Robert Morse: Toward a "The Bobs" Model of Quantitative Corporatist Haute Lumpenproletariat Negging
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
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
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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.
http://en.wikipedia.org/wiki/Work-to-rule
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.
http://en.wikipedia.org/wiki/Work-to-rule
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
Wait, Like, Is This Détournement or Recuperation? ELI5 as Praxis
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
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
More, please.
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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
'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
- georgej
- Posts: 3109
- Joined: Sun Nov 10, 2013 12:55 am
-
- Posts: 820
- Joined: Sun Mar 11, 2012 2:17 am
Re: ITT I make up law review article/note/whatever ideas
this thread really delivers!
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
Academic Legal Writing and Grapefruit
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.
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.
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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"
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
Cites to "Law, Republic, and the Possible: Jurisprudence, Architecture, and Renaissance"
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
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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.
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
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.
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
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
Bentham and Burke: Efficiency and W.A.S.T.E.
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.
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
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.
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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- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
Crypto-Fascism and the 51%: If I Can't Call the Cops About Bitcoin, It's Not My Revolution
This cites to the article about compassionate becoming-fascist upthread. It's about William F. Buckley calling Gore Vidal a queer and utopian possibilities.
http://www.pitt.edu/~kloman/debates.html
http://en.wikipedia.org/wiki/Functional ... ntionalism
http://bitcoin.stackexchange.com/questi ... h-power-do
This cites to the article about compassionate becoming-fascist upthread. It's about William F. Buckley calling Gore Vidal a queer and utopian possibilities.
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.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."
http://www.pitt.edu/~kloman/debates.html
http://en.wikipedia.org/wiki/Functional ... ntionalism
http://bitcoin.stackexchange.com/questi ... h-power-do
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
Let's Assume Zero Transaction Costs: A Reductionist Biopolitical Theory of "Enforcement" (Not Scholarship)
This is an article about becoming-Leiter, Hans Kelsen, and whether law students and lawyers would get Marx's 11th Thesis on Feuerbach.
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
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.
http://en.wikipedia.org/wiki/Red_Queen_hypothesisJudge 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://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
- Businesslady
- Posts: 609
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Re: ITT I make up law review article/note/whatever ideas
Maybe You Can Download Rice: A Scholarly Response to "Let's Assume Zero Transaction Costs"
[youtube]17h11OozAtI[/youtube]
This article starts at 0:37.
[youtube]17h11OozAtI[/youtube]
This article starts at 0:37.
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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
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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- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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.
[youtube]EprQGmZ3Imw[/youtube]
http://en.wikipedia.org/wiki/Mark_12
http://hplusmagazine.com/2010/08/05/res ... hos-first/
http://en.wikipedia.org/wiki/Son_of_man
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.
[youtube]EprQGmZ3Imw[/youtube]
http://en.wikipedia.org/wiki/Mark_12
http://hplusmagazine.com/2010/08/05/res ... hos-first/
http://en.wikipedia.org/wiki/Son_of_man
- Businesslady
- Posts: 609
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Re: ITT I make up law review article/note/whatever ideas
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.
[youtube]UTe1q2mIavk[/youtube]
This should probably be in the Journal of Legal Education. It's about the shaman, the Kelsen-Kennedy debate, and permission/forgiveness.
[youtube]UTe1q2mIavk[/youtube]
- lacrossebrother
- Posts: 7150
- Joined: Wed Jul 30, 2014 11:15 pm
Re: ITT I make up law review article/note/whatever ideas
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 protectionsBusinesslady 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
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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:
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
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:
http://en.wikipedia.org/wiki/Capitalism ... _DemocracyWikipedia, 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.
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
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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
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
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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
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
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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
See supra or whatever
http://en.wikipedia.org/wiki/Chomsky_hierarchy
http://www.professorbainbridge.com/prof ... oblem.html
- Businesslady
- Posts: 609
- Joined: Tue Sep 09, 2014 12:41 am
Re: ITT I make up law review article/note/whatever ideas
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.
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
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.
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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