Health as a Bottleneck
In his thoughtful and path-breaking book, Bottlenecks: A New Theory of Equal Opportunity, Joey Fishkin challenges the common conception of equal opportunity as providing a level playing field. He...
View ArticleIdentity Performance as a Bottleneck to Employment Opportunity
In his timely and provocative book, Professor Joey Fishkin makes an important intervention to anti-discrimination law praxis and theory. Poignantly, he observes that in developing anti-discrimination...
View ArticleEconomic Dynamics and Economic Justice: Making Law Catastrophic, Middling, or...
Contrary to Livermore,’s post, in my view Driesen’s book is particularly powerful as a window into the profound absurdity and destructiveness of the neoclassical economic framework, rather than as a...
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Gabriel Garcia Marquez’s Chronicle of a Death Foretold
I am deeply saddened by the passing of Gabriel Garcia Marquez, one of the world’s best contemporary authors. His magical realist style brims with life and zest — and his descriptions are unique and...
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Contracts in the Real World Gets CHOICE Award for Outstanding Title
The American Library Association last year named my book, Contracts in the Real World: Stories of Popular Contracts and Why They Matter (Cambridge University Press 2012), an “outstanding title” in its...
View ArticleFourth Annual Book Review Issue of the Tulsa Law Review Available Online
Professor Ken Kersch and Professor Linda McClain recently announced that the fourth annual book review issue of the Tulsa Law Review (Volume 49, No. 2, Winter 2013) is now in print and available...
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BOOK REVIEW: Carbone and Cahn’s Marriage Markets: How Inequality Is Remaking...
Marriage Markets: How Inequality Is Remaking the American Family. By June Carbone and Naomi Cahn (published by Oxford University Press May 2014). Marriage Markets: How Inequality Is Remaking the...
View ArticleJP Morgan Summer Reading List
The 15th Bi-Annual JP Morgan Reading List is out, with a characteristically rich selection of ten recommended titles in several categories (business, sports, art, adventure, science, cooking,...
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New Book: Berkshire Beyond Buffett
As people speculate about what will happen to Berkshire Hathaway after Warren Buffett is no longer around, I’ve written what I hope to be the definitive book explaining how Berkshire will continue to...
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BOOK REVIEW: Linder & Levit, The Good Lawyer: Seeking Quality in the Practice...
Review of The Good Lawyer: Seeking Quality in the Practice of Law by Douglas O. Linder & Nancy Levit (Oxford University Press 2014) Linder and Levit have – yet again – confronted some of the most...
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U Delaware Chaplin Tyler Lecture
I’m honored to be giving this lecture at my alma mater, and thanks go to Charles Elson for the opportunity and Kim Ragan for organizing the event. It’s the first in the book tour that will take me to...
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Chapter 8 of Berkshire Beyond Buffett: An Excerpt and Link
The following is an excerpt from Chapter 8, Autonomy, from Berkshire Beyond Buffett: The Enduring Value of Values; the full text of the chapter, which considers the case for Berkshire’s distinctive...
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Cognitive Biases, the Legal Academy, and the Judiciary
It’s a pleasure to be here at Concurring Opinions. I would like to thank Dan, Sarah, and Ron for inviting me. During my visit, I hope to talk a bit about my core research areas of land use and local...
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The Second Machine Age & the System of Professions
Why do we have professions? Many economists give a public choice story: guilds of doctors, social workers, etc., monopolize a field by bribing legislators to keep everyone else out of the guild.* Some...
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Unto the Breach: An interview with the all too candid Dean Erwin Chemerinsky
We should realize that this is an emperor that truly has no clothes. For too long, we have treated the Court is if they are the high priests of the law, or at least as if they are the smartest and...
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OUP’s Niko Pfund to Speak @ Washington Independent Review of Books’ Annual...
Niko Pfund Niko Pfund is the President of Oxford University Press. If truth is a defense, it is fair to describe him as savvy, knowledgeable, creative, open-minded, and entirely likable . . . and he...
View ArticleThe Legacy of Ruth Bader Ginsburg
Edited by esteemed civil procedure scholar Scott Dodson, the newly released book “The Legacy of Ruth Bader Ginsburg” is a significant contribution. The release is beautifully timed: the public is...
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Barbara Babcock reviews new book on Ruth Bader Ginsburg
Professor Barbara Babcock Over at SCOTUSblog, Standford Law Professor Emerita Barbara Babcock has a book review of Scott Dodson’s new The Legacy of Ruth Bader Ginsburg, Cambridge University Press, 2015...
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5 Great Novels About Privacy and Security
I am a lover of literature (I teach a class in law and literature), and I also love privacy and security, so I thought I’d list some of my favorite novels about privacy and security. I’m also trying to...
View ArticleWhen Love’s Promises Are Fulfilled By the U.S. Supreme Court
Today, in a 5-4 decision, the United States Supreme recognized the fundamental nature of love’s promises. In Obergefell et al. v. Hodges, the Court held, “the Fourteenth Amendment requires a State to...
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