Recent Articles from the Faculty

An Experiment on Law Review Placement

Our faculty had a lunch discussion of non-traditional legal scholarship and publishing today. As someone who sees growing convergence between scholarship in law and scholarship in other disciplines and who wonders how long the pre-Internet model of legal publishing is likely to persist, I started thinking about the classifying function of traditional legal scholarship.

Continue Reading...

Response to Prof. Crump

Anyone who has taken a marketing course (or sold drugs in Baltimore) would realize the importance of rebranding. Merely restating the curriculum as Torts, Contracts, etc. would not be innovative.

 Many of us teach those tools of the trade in a single course, but suffer from a branding problem. “The actual real day how you would do it in real life practice of antitrust law course” would have too long a name.

I’m not sure I agree that the “what-do-you-think-method” is bad. It can be a good tool if used properly. I use it to make students craft remedies for antitrust violations so that they can see the consequences of knee jerk reactions in terms of regulation or free market philosophy.

 

'Innovation' redux

Here is the “innovative curriculum” at the new UC Irvine Law School. It’s not really very innovative, even though it has different names for the courses, but it does scrap the traditional curriculum and try something different. One thing that looks interesting about this curriculum is that it seems to repeat the what-do-you-think-and-how-do-you-feel-about-this-court-opinion method a little less.

 

Continue Reading...

Waxman-Markey Climate Change Bill Not a Disaster for the Environment

I have spent the better part of four years studying proposed US climate change legislation, state and local climate actions, the roll-out of the Kyoto Protocol and the implementation of the European Union’s Emissions Trading Scheme. I have written about the large scale issues that must be considered in federal legislation, and looked in depth at some of the issues surrounding offsets and trading, and have recently published op-eds and blogged on the way the Waxman-Markey bill deals with offsets. I have just finished co-teaching a graduate level course in carbon trading that explored many of the issues surrounding how a cap and trade system for greenhouse gases could work. I know that any attempt to control greenhouse gases through a market is complicated and difficult, but I also believe that this is the only way forward.

Continue Reading...

What should we learn from disasters affecting children?

Together with the ABA, the UHLC’s Center for Children, Law & Policy has published a book on the effect of the hurricanes of 2005 on children. It is filled with interdisciplinary insights about what happened to children in families, foster care, and the juvenile justice and educational systems. Our contributing scholars have a lot to say about how legal deficiencies inhibited the best short and long term responses and about how to achieve better outcomes the next time disaster strikes. 

Continue Reading...

On Grading

 One of the most important faculty functions (apart from the education of budding lawyers) is to appraise the abilities of students based upon a single snapshot known as the “final exam” or “final.”  The grade ultimately earned by the exam taker reflects the professor’s appraisal of the student based solely on what the student wrote on that exam. 

The difficulty with grading is not with the administering of the final exam, but rather how students and faculty perceive the discourse on grades. 

Continue Reading...

Drilling Down Into Gov. Palin's Energy 'Experience'

Say what you will about the selection of Alaska Governor Sarah Palin for the Republican Vice Presidential slot, but one inarguable fact remains: she is the only candidate on either ticket with direct energy policy experience. Palin spent one year as chairwoman of the Alaska Oil and Gas Conservation Commission, and as governor of Alaska she has received positive reviews for her work on energy issues ranging from natural gas pipeline construction to patchy statewide shortages of energy. But if she winds up as our Vice President, her Alaskan energy experience might help send our nation’s energy policy in exactly the wrong direction. 

Continue Reading...

Copyright content providers lose control of DVR market

Who should derive revenue from remote DVR systems? According to a panel of the Second Circuit Court of Appeals, the revenue should not go to the content providers. This decision, grounded in three very narrow interpretations of the Copyright Act, works a shift of potentially significant revenue away from content providers. Hopefully, it will be challenged and reversed on rehearing.

Continue Reading...

Taking Environmental Laws Seriously: North Carolina v. EPA

Many environmental organizations were stunned recently when the D.C. Circuit vacated the EPA’s implementation of the Clean Air Interstate Rule (“CAIR”) in North Carolina v. EPA. According to the Court, the CAIR failed to follow Clean Air Act (“CAA”) statutory mandates. Continue Reading...

Why have a Bar Exam? One Inductee's Appraisal

Legions of aspiring lawyers recently sat for licensing exams administered by their respective state bars.  Was it worth the effort?  Here's my take. Continue Reading...