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Poor Partners

In classical art, you almost never see Athena and Aphrodite depicted together. There’s a reason for that, and it’s not the same reason you never see Clark Kent and Superman in the same room.

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The Ethics and Incentives of Socialized Law

Noam Scheiber makes a radical suggestion. Eric Posner has lots of reasons why it’ll never work. Burt Likko says, “There’s a few things neither of you bright fellows have thought of.”

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Dreaming of the Guild

Now, before you get all in a huff about the California Supreme Court admitting an undocumented alien to practice law, at least read Burt Likko’s digest of the ruling.

Sandwiches, cont.

In preparing for my recent instructional guide on sandwich making, I asked the MD crowd whether a hot dog qualified.  Responses were mixed.  Included in the conversation were whether burritos ought be classified as such. It turns out their is legal precedent for just such a question: “A sandwich is not commonly understood to include…

Jurisprudence blogging 2: Hart

In my previous post in this series, I gave a rough outline of Austin’s views and a number of criticism levelled against it. Now, I’ll reveal my hand: All those criticisms were levelled by HLA Hart in his book: The concept of law. Hart’s theory of law is therefore founded on the very same criticisms…

Against Traditional Morality

by James Hanley Guest author: James Hanley. Tom Van Dyke has written a very thoughtful post about the role of traditional morality in law. There are various points at which we could quibble with his argument, but here I offer a direct rebuttal of his support for traditional morality as a basis of law, arguing…

If You Can’t Win the Argument, Pretend it Doesn’t Exist

Spencer Ackerman on the Obama administration’s legal justification for drone strikes: In March, the State Department’s legal adviser gave a speech asserting that the strikes are legal, not demonstratingwhy they are. The closest that Harold Koh came to articulating his case was to say: The administration doesn’t intentionally kill civilians (“…attacks [are] limited to military objectives and…

No Fear of Citizens

Yesterday, the Supreme Court struck down its own precedent in order to overturn campaign finance laws prohibiting corporations and unions from making “independent expenditures” relating to political campaigns within the weeks leading up to an election.  The opinion is certainly significant.  For those of us of a more libertarian mindset, it is a huge blow…

Taxes: Where Political and Constitutional Expediency Collide

I’ve been out of pocket from the political realm for a week and a half, but President Obama’s claim that a health insurance mandate is not a tax strikes me as marginally good politics and absolutely terrible lawyering.  I think Jason Kuznicki (also here) and by extension Will, are absolutely, 100% correct that an individual mandate…