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If They Get Away With This, The Amerikan Legal System is Doomed

The following are a collection of quotes from the court’s response to the ACLU lawsuit.  I want laypersons to compare this wet blanket and non-responsive response with the legal scholarship that is...

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Warren and Empiriciscm

It is not often that intellectual debates about the nature of law and legal scholarship find their way into the popular media. Elizabeth Warren's campaign for U.S. Senate, however, has provided the...

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Ironies of the Legal Profession?

Funny to see the juxtaposition in the New York Times of a piece berating law schools for the irrelevance of their curriculum and then a piece about our former co-blogger Elizabeth Warren, a law...

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The Tenuous Case for Swaps Clearinghouses

I've got a new short article out about swaps clearinghouses.  It's a response piece to an article by Prof. Yesha Yadav. Swaps clearinghouses, mandated by the Dodd-Frank Act, are a pretty natural point...

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