“[D]octrine was in a shambles and predictability of result at a minimum.” Dukeminier, Property, 7th, at 1073, quoting 57 Or. L. Rev. 203, 209. One encounters the assumption of a connection between clear doctrine and predictability everywhere. But has it been proved, or studied? It doesn’t seem intuitive. We don’t read White House press releases […]
Dear Dean Chemerinsky, I enjoyed your Op-Ed with Carrie Menkel-Meadow in the Times today and agree with its conclusion that the crisis in law school enrollments doesn’t call for reform to legal education. But I think there’s a better economic argument for why that is the case. Everyone agrees that the drop in enrollments is […]
But go with speed, And what thy stores contain, bring forth and pour Abundance, fit to honor and receive Our Heav’nly stranger; well we may afford Our givers thir own gifts, and large bestow From large bestow’d, where Nature multiplies Her fertile growth, and by disburd’ning grows More fruitful, which instructs us not to […]
I have been following the debate in the pages of Antitrust between two groups of distinguished economists about “pay for delay”, which is when a branded drug maker pays a generic drug maker to delay entry into the market. The question is how much pay for delay do you need before you can conclude […]
People with umbrellas open before or after the rain.
Hughes notes at Paradise Lost : IV : 389: “public reason: reason of state, a perversion of the Ciceronian principle . . . that the good of the people is the supreme law . . . Henry Parker approved its use by Parliament and condemned the Royalists for too frequent appeals to it.” Milton writes: […]