Brian Tamanaha’s Straw Men (Part 1): Why we used SIPP data from 1996 to 2011
(Reposted from Brian Leiter’s Law School Reports) BT Claim: We could have used more historical data without introducing continuity and other methodological problems BT quote: “Although SIPP was...
View ArticleBrian Tamanaha’s Straw Men (Part 2): Who’s Cherry Picking?
(Reposted from Brian Leiter’s Law School Reports) BT Claim 2: Using more years of data would reduce the earnings premium BT Quote: There is no doubt that including 1992 to 1995 in their study would...
View ArticleWhen “Skin in the Game” is Literal
Back in the Bush years, health policy was all about making sure patients consumers had “skin in the game,” and faced real costs whenever they sought care. More cautious voices worried that patients...
View ArticleManagement Wants Precarity: A California Ideology for Employment Law
The reader of Talent Wants to be Free effectively gets two books for the price of one. As one of the top legal scholars on the intersection of employment and intellectual property law, Prof. Lobel...
View ArticleSome Brilliant Thoughts on Social Media
The LSE has a consistently illuminating podcast series, but Nick Couldry’s recent lecture really raised the bar. He seamlessly integrates cutting edge media theory into a comprehensive critique of...
View ArticleWhy Some Risk Sending Intimate Pictures to “Strangers” and What It Says About...
It is, as always, an honor and a pleasure to speak with the Co-Op community. Thank you to Danielle for inviting me back and thank yous all around for inviting me onto your desks, into your laps, or...
View ArticleBook Symposium: Driesen’s The Economic Dynamics of Law
Next week, we will be hosting a symposium on David Driesen’s book The Economic Dynamics of Law (Cambridge University Press, 2013). The symposium will be held from Mar. 31 to Apr. 3, 2014. As the...
View ArticleSocial Science in an Era of Corporate Big Data
In my last post, I explored the characteristics of Facebook’s model (i.e., exemplary) users. Today, I want to discuss the model users in the company–i.e., the data scientists who try to build stylized...
View ArticleInterview on The Black Box Society
Balkinization just published an interview on my forthcoming book, The Black Box Society. Law profs may be interested in our dialogue on methodology—particularly, what the unique role of the legal...
View ArticleFrom Piketty to Law and Political Economy
Thomas Piketty’s Capital in the 21st Century continues to spur debate among economists. It has many lessons for attorneys, as well. But does law have something to offer in return? I make that case in...
View ArticleLegal Scholarship & the University
Just a quick note to make explicit something implicit in my last post: I not only agree with Dave Hoffman’s point about the enduring value of many modes of law teaching, but also think that we could do...
View ArticleThe Black Box Society: Interviews
My book, The Black Box Society, is finally out! In addition to the interview Lawrence Joseph conducted in the fall, I’ve been fortunate to complete some radio and magazine interviews on the book. They...
View ArticleMethodological Pluralism in Legal Scholarship
The place of the social science in law is constantly contested. Should more legal scholars retreat to pure doctrinalism, as Judge Harry Edwards suggests? Or is there a place for more engagement with...
View ArticleFour Futures of Legal Automation
There are many gloom-and-doom narratives about the legal profession. One of the most persistent is “automation apocalypse.” In this scenario, computers will study past filings, determine what patterns...
View ArticleIs the Happiness Industry Creating Algorithmic Selves?
In a recent podcast called “Thinking Allowed,” host Laurie Taylor covered two fascinating books: The Wellness Syndrome, and The Happiness Industry. One author discussed a hedge fund that’s now managing...
View ArticleWhy Do We Lack the Infrastructure that We Need?
Brett Frischmann’s book is a summa of infrastructural theory. Its tone and content approach the catechetical, patiently instructing the reader in each dimension and application of his work. It applies...
View ArticleThe Locust and the Bee
Fables have been in the politico-economic air of late. The FT’s Martin Wolf considered the locust part of a master metaphor for the future of the global economy. He concluded that “the financial crisis...
View ArticleBrian Tamanaha’s Straw Men (Overview)
(Cross posted from Brian Leiter’s Law School Reports) Brian Tamanaha previously told Inside Higher Education that our research only looked at average earnings premiums and did not consider the low end...
View ArticleBrian Tamanaha’s Straw Men (Part 1): Why we used SIPP data from 1996 to 2011
(Reposted from Brian Leiter’s Law School Reports) BT Claim: We could have used more historical data without introducing continuity and other methodological problems BT quote: “Although SIPP was...
View ArticleBrian Tamanaha’s Straw Men (Part 2): Who’s Cherry Picking?
(Reposted from Brian Leiter’s Law School Reports) BT Claim 2: Using more years of data would reduce the earnings premium BT Quote: There is no doubt that including 1992 to 1995 in their study would...
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