Category Archives: Legal Theory

Goodbye to the Best of Law & Economics: Warren Samuels 1933-2011

Martha T. McCluskey I just now learned of the death last month of Warren J. Samuels, who in in my book was the best law and economics scholar of the last half century or so, and certainly one of the … Continue reading

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Ain’t You Got a Right

…To the Tree of Life?  Rehearsing this refrain for a benefit concert last weekend, choir director (and educator and community organizer extraordinaire) Jane Sapp urged us to sing out against the budget cuts falling on so many life-sustaining programs across … Continue reading

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The Federalist Society’s Marxist View of the Constitution?

It’s no longer so clear that a strong consensus supports Holmes’ famous dissent in Lochner stating that the Constitution does not embody a particular economic ideology. The Federalist Society‘s recent event, Economic Theory, Civic Virtue, and the Meaning of the … Continue reading

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Harvey’s quick story of capitalism’s crisis

Those interested in class, crisis and the law might find useful this short video summary of the crisis from a Marxian perspective that’s been making the rounds:   David Harvey, Crisis of Capitalism, (April 26, 2010).    Harvey identifies a … Continue reading

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Vulnerability and the Human Condition Website

Check out the interdisciplinary initiative at Emory University,  Vulnerability and the Human Condition.  This project grows out of the Feminism and Legal Theory Project headed by Emory Law Professor Martha Fineman, who has also participated in ClassCrits — and who … Continue reading

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Servitude as the new Freedom? Reclaiming the Thirteenth Amendment

Nov. 23, 2010 Slavery might seem to be the logical stopping point of the conservative legal movement to revive policies long discredited as fundamentally unjust.   But don’t be so sure.   San Diego Law Professor Larry Alexander has just written a … Continue reading

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Moral Austerity

Below is another cross-posting from the SALT blog, where I’m doing a stint as guest contributor.   My wise Buffalo law colleague Stephanie Phillips, who does work on the social gospel tradition in Christianity, mentioned to me that this recent effort … Continue reading

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Law and Economic Austerity

This is another cross-posting from the SALT blog. Austerity Jurisprudence Written by Martha McCluskey Why was the message of austerity so appealing to economically insecure voters in this week’s election?    A more intellectual version of this passionate opposition to social … Continue reading

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