December 30, 2016
Hemel and Herzig in the WSJ: Republicans can repeal Obamacare, for a price
Daniel Hemel and David Herzig discuss the filibuster and the future of the Affordable Care Act in the Wall Street Journal.
December 29, 2016
Some publications and working papers this year
I appreciate the many blog readers who also read my scholarly writing--it has been one of the best things about the blog for years that it has been a vehicle for sharing my work with other faculty and students across many fields. In that spirit, here are publications--or working drafts--that I made available this year:
"The Case Against Free Speech" appeared in Sydney Law Review.
"Legal Positivism about the Artifact Law," forthcoming in an OUP volume on Law as Artifact.
"Theoretical Disagreements in Law: Another Look," forthcoming in an OUP volume on Ethical Norms, Legal Norms: New Essays in Metaethics and Jurisprudence.
"Philosophy of Law," co-authored with Michael Sevel, in the Encyclopedia Britannica (if you can't access the whole essay, google "philosophy of law," it should come up as a top result and you can get the whole essay that way)
"The Paradoxes of Public Philosophy," in the inaugural issue of the Indian Journal of Legal Theory.
"Why Tolerate Religion, Again? A Reply to Michael McConnell," a working paper (but citable) at SSRN.
"Reply to Five Critics of Why Tolerate Religion?", part of a symposium on my book published by Criminal Law and Philosophy this year.
A revised version of "The Death of God and the Death of Morality," which will eventually appear in a special issue of The Monist on Nietzsche.
"Moralizing Nietzsche's Moral Psycology: The Case of Katsafanas," a review essay which also appears at Notre Dame Philosophical Reviews.
"Moralities are a Sign-Language of the Affects," appeared in 2013 in Social Philosophy and Policy, but I was now able to make the published PDF available on SSRN.
There were actually a couple of other papers I wrote this year that I could not put on SSRN, alas--though hopefully, like the last paper, I will be able to post them in the future after publication. And then there were papers previously put on SSRN that finally appeared in books this year (e.g., here and here), but for which I have not been able to put a PDF on-line.
Thanks for reading! And a Happy New Year to all readers!
December 27, 2016
Federalism and Baby Jesus (with a nod to Trump)
Rick Hills (NYU) comments.
December 26, 2016
Law school enrollment trends over 40+ years
Useful charts here. JD enrollment has stabilized, though well below its peak; non-JD enrollment has spiked as law schools try to sustain financial viability for schools that grew to their present size during the years of peak demand for legal education.
December 22, 2016
Oregon law professor violated university's racial harassment policy...
...according to an investigation by outside counsel. The report (available at the preceding link) ultimately turns on a Pickering balancing analysis, which like most such analyses could easily have come out the other way.
UPDATE: Some additional context here.
ANOTHER: Oregon law professor Shurtz objects to release of report, claiming errors and violations of confidentiality. I suspect this matter is heading to court.
December 21, 2016
Dept. of Education to pull federal student loans from Charlotte Law School
MOVING TO FRONT FROM YESTERDAY--UPDATED
Unless the decision is reversed, the school will almost certainly go out of business.
UPDATE: DOE's statement about the decision.
December 20, 2016
"The Case Against Free Speech"
This long-gestating paper has finally appeared in the Sydney Law Review (it was originally presented as the 2013 Julius Stone Address in Jurisprudence at Sydney), and can be downloaded here for those who are interested.
December 19, 2016
David Faigman named Dean at UC Hastings
Letter to Senators opposing nomination of Senator Sessions as Attorney General
You may sign the letter here.
In Memoriam: Mary Doyle (1943-2016)
An environmental law scholar, she was Dean and Professor Emerita at the University of Miami. The Miami memorial notice is here.