July 25, 2014
Welcome To The Blogosphere, Ortsian Thoughts and Theories!
Posted by David Zaring

My colleague Eric Orts is blogging on business law, business entities, and similar subjects here.  Welcome to the blogosphere, Eric! 

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July 19, 2014
RIP Dan Markel
Posted by Gordon Smith

We have learned to our shock and great sadness that Dan Markel was shot and killed today. Prawfsblawg, which he co-founded, has a tribute, and his Facebook wall is overflowing with messages honoring him as a classmate, friend, mentor, colleague, and, perhaps most importantly to Dan, father. We will miss his energy and kindness, and I join Christine in hoping that Dan and Larry Ribstein are starting a blog together. Rest in peace.

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May 20, 2014
Technology Trouble--and Toddlers
Posted by Usha Rodrigues

Over the past 2 weeks I've mulled over several blogposts, but whenever I actually felt like pulling the trigger Typepad was beset with a denial of service attack--or something.  I'm sure our readers are finding these just as frustrating as we are!  Much of my blogging are riffs on something in the news, and if I can't blog for a day or two, it starts to feel stale.   Unfortunately none of those imagined posts seem particularly topical now.  Around-the-clock availability seems like a sine qua non for the bloghosting business, so it will be interesting to see how Typepad fares if these attacks continue. 

Just presume for my sake that those unwritten blogposts were incisive and witty, 'kay? 

Finally, loyal readers will remember that I once posted on toddlers and CEOs.  I'll leave you with thoughts on another company beset by technological woes.

 

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May 06, 2014
Welcome, Guest Blogger Kish Vinayagamoorthy
Posted by David Zaring

Kish will be around for the next couple of weeks.  She's got a global perspective on corporate social responsibility, cross-border transactions, and the like, and she's teaching subjects along those lines at Washington & Lee.  Papers here and here.  Welcome, Kish!

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April 17, 2014
Welcome To The Blogosphere, Law & Economics Prof!
Posted by David Zaring

Up and running in the Caron blog empire is the new Law and Economics Prof blog, featuring a pretty long array of contributors, including Brian Galle, Murat Mungan, David Gamage, Eric Rasmusen, Ben Depoorter, Gerrit de Geest, Shi-Ling Hsu, Manuel Utset, and Yuval Feldman, with others on the way to join, I have it on good authority.  An interesting read so far, so do check it out.

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January 28, 2014
Blawgs Farther Afield
Posted by Erik Gerding

For your mid-winter blawg reading:

Margaret Hagan, a fellow at Stanford's d-school blogs about design-centered approaches to law at the ABA. She also contributes to the Whiteboard,a blog of D-school fellows.

Loyola-Chicago tax professor Sam Brunson has been providing a tax analysis of Downton Abbey (note: I do not endorse watching that show.)

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January 13, 2014
Paul Horwitz on Blogging These Days
Posted by Christine Hurt

Yesterday, Paul Horwitz at Prawfsblawg posted about some of the reasons he has been blogging less these days.  One of his points hit home with me and echoed one of the reasons I have posted less the past year(s).

Anyone who has blogged for a long time knows it can be difficult to keep it up. Some of it has to do with the usual peaks and valleys of a person's life, including his writing life. A good deal of it has to do with the heated nature of many discussions and comment threads (including from professors), especially around legal education. I think there are good reasons for that, although it does not excuse absolutely any kind of rhetoric in my view. But heated discussions on any topic are more time-consuming to monitor, which I think one must, and can reach a point of exhaustion (both as to the discussion and as to the individual blogger involved) fairly quickly.

I'm assuming that Paul is referencing the "law school scam" meme that has overpowered almost every online discussion of law school and anything having to do with law school.  In April 2010, this blog had a "Minding Our Own Business" forum in which the Glommers and friends-of-the-glom discussed the state of legal education.  I hypothesized here that we were in a law school tuition bubble and analogized to the subprime mortgage bubble.  (If you search NEWS in Westlaw, it is hard to find a reference to law school tuition bubbles before that post.  If found one.)  It was reprinted several places, and probably cost me "Star of the Week" status with my dean.  I guess I could have made that "my thing," but I'm glad I didn't.  Though I have always been sympathetic to the law school debt-holder, I'm not sure that my usually reasoned tone could have found a voice in the heated rhetoric of an otherwise very worthy discussion.  Instead, I spent my energies at my job, teaching students, creating courses that would help them get jobs, and taking them to see emerging markets firsthand.

Gordon and I started this blog in 2004, after having our own individual blogs for a short time before. Back in the blogging heyday, what seemed like prolific blogging was really posting of status updates. A lot, however, was about teaching law. I have to say that now, I hardly ever post about teaching law. Though the benefit might be helping a junior law prof who is reading or getting advice from other law profs, the the downside is a torrent of comments that can be summed up in one sentence: "Law school is a scam and you are an overpaid, underworked fraud who will soon be out of a job and unfit for the legal profession." A person can only see that so many times without taking it personally.

Now, you might be thinking that I should get a little tougher.  Real scholars don't shrink from valid criticism, whether it's pointed or sugar-coated.  True, and I have never shrank from criticism on the merits of my work, whether long-form scholarship or short-form blog posts.  Of course, blogging, strays from the traditional norms of academic presentations.  The audience is larger and doesn't seem to have the same discourse community norms.  But still, columnists and journalists write on-line pieces that receive comments.  Am I more of a sissy than those guys?  I don't know if Gail Collins reads her comments or not, but law school blogging is in a strange "sour spot" between presenting in front of colleagues at a conference and writing op-eds commented on by 300 strangers.  Getting bitter comments from 10-20 readers, all of whom seemed to be named "anon" seems more personal.

Finally, Paul notes that much of our talk now about life as a law professor goes on facebook.  Our grading highs and lows, our blegs for advice and materials.  And the comments never begin with "Law school is a scam. . . ."  Even though the folks that could comments are former students who have plenty of reason to spew vitriol.  But, they can't do it anonymously.

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September 10, 2013
Welcome Back To The Blogosphere, Business Law Prof Blog!
Posted by David Zaring
A good group of law professors have restarted the business law prof blog - to which we say: welcome back!  Here's Bainbridge on the welcome wagon as well.  I saw a Honda ad over there, too, so they are pretty likely rich beyond anyone's wildest already.

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April 23, 2013
Welcome To The Blogosphere, Negotiating Truth!
Posted by David Zaring
My colleague Steve Blum has a negotiation and finance blog up and running, and it is a good read.  Here's a post calling for a nonprofit municipal finance intermediary.  Here is one on claiming v. creating value in deals.  Steve's a lawyer, but I like the business focus.

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January 28, 2013
Welcome To The Blogosphere, Blue Sky Blog!
Posted by David Zaring

Columbia has just gone live with a blog that looks modeled somewhat off of Harvard's Corporate Governance Forum, and it's got some good contributions already.  Here's a post by Don Langevoort, and of course John Coffee is participating.  Here's what they're going for:

The CLS Blue Sky Blog is particularly designed to be a resource and a discussion forum for corporate attorneys, journalists, and academics alike. The blog features original and aggregated commentary from a diverse range of contributors and guest writers on subjects such as the Dodd-Frank Act, securities regulation, mergers and acquisitions, finance and economics, corporate governance, and related international developments.
 
The blog also features a keyword searchable library of memos from leading law firms on relevant topics. Memos from Cleary Gottlieb Steen & Hamilton, Davis Polk & Wardwell, and Sullivan & Cromwell are currently available. The blog also includes the choice of a daily or a weekly email newsletter that readers can tailor by sub-topic to their own personal preferences. 
 
Regular contributors and members of the blog’s editorial board include Professor Coffee; Edward F. Greene, a lecturer-in-law who is also senior counsel at Cleary Gottlieb and a former general counsel of the SEC; Professor Robert J. Jackson, Jr., a former practitioner and adviser in the Department of the Treasury who studies executive compensation and corporate governance matters; and Professor Kathryn Judge, a former corporate attorney whose research examines financial institutions and markets.  

Well worth a look.  Welcome to the blogosphere!

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July 31, 2012
Faculty Blog Citations in Legal Opinions: Nonzero and Falling?
Posted by Christine Hurt

Last week, David linked to Jay Brown's interesting post and article on the frequency with which blogs by legal academics are cited by other legal scholars.  Professor Brown also tallies up how many times these law faculty blogs are cited by courts, state or federal.  Thirteen blogs have been cited once, by any court in the U.S., presumably since the birth of blogs (the article that contains the data does not list any data parameters).  Here are the blogs that have been cited more than once:

Rank # of Citations Blog (1) 45 Sentencing Law and Policy (43 fed; 2 state) (2) 8 Volokh Conspiracy (7 fed; 1 state) (3) 6 Patently 0 (6 fed) (4) 4 The Confrontation Blog (1 fed, 3 state) (5) 3 ProfessorBainbridge (3 state) (5) 3 Election Law Blog (2 fed; 1 State) (7) 2 Becker-Posner Blog (1 fed; 1 state) (7) 2 Credit Slips (1 fed; 1 state) (7) 2 Ideoblog (2 state)

As you can see, there's basically Sentencing Law and Policy, and the rest.  In doing a few quick searches, I would posit that courts cite not only to Huffington Post considerably more than all law faculty blogs but one, but also to Sports Illustrated (and People, etc.).

Now, does this mean that I don't think that law faculty blogs have no sway on courts?  Not at all.  But, citations may not be a perfect proxy for influence.  We know anecdotally that judges know what is being written on the blogs.  But that doesn't mean that courts will need to cite to them.

Consider a case in front of an appellate court or trial court that writes opinions (federal, Delaware).  The court's clerks read blogs, cite them in their memos.  Or, the clerks read blogs, then go to the articles that are cited in a blog post and cite them.  Or, the parties to the case cite to blog posts or the articles the posts cite in their briefs.  The judges read the memos and briefs.  When the judges write their opinions, they may never cite the blog posts.  Courts cite to sources to show how their opinion follows a line of precedent.  If a court goes out on a limb, the opinion may cite to a secondary source.  When there are no articles because something is very new, the court may cite to a blog discussion, such as the great commentary on Sentencing Law and Policy during the Booker Revolution.  But, if a blog post merely persuaded the judge to adopt one line of cases over another, or think about a certain precedent in a certain way, then the judge probably wouldn't cite anything.  Judges don't have law review editors convincing them that no thought is original and every sentence requires a cite to something.

But legal scholars have these law review editors, which is why we need to cite to something, even a blog post.  And that's why the numbers on the chart David reproduced last week, showing citations to blogs in legal scholarship, are so much higher.  In fact, as I think I've told everyone I've ever met, a law review editor once told me I needed a citation for an assertion that was my own original assertion -- so I cited to my own blog post.  This satisfied the law review editor.  Judges don't have to do that.

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July 26, 2012
Did You See This? Race To The Bottom's Law Blog Citation Analysis
Posted by David Zaring

We're top ten for law review citations, though our rivals at Harvard's Corp Governance blog are just ahead of us.  Here's the list, and there's lots more over at Jay Brown's site, inlcuding lists of citations to the blogs by judges.

The top 10 most cited law faculty blogs in law reviews are:

Rank      # of Citations        Blog 

1               742                  Volokh Conspiracy 

2               426                  Balkinization

3               393                  Patently O

4               279                  Concurring Opinions

5               272                  Sentencing Law and Policy

6               219                  Prawfs Blawg

7               200                  Opinio Juris

8               179                  Lessig Blog

9               178                  Harvard Forum on Corp. Gov.

10             171                  Conglomerate

 

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March 30, 2012
Economics Bloggers Forum 2012
Posted by Gordon Smith

I am attending the Economics Bloggers Forum 2012 today at the Kauffman Foundation. You can get a progam and live stream here. Cool event, as is the norm with Kauffman and Bob Litan.

UPDATE: The Kauffman sketchbook series is fun. We just watched "I'm a blogger" featuring Tyler Cowen. Nice.

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March 14, 2012
Tax, Society & Culture
Posted by Gordon Smith

Former Glom guest, Allison Christians, has started her own blog, Tax, Society & Culture. She is off to a good start!

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November 05, 2011
A Shout Out To Brazen And Tenured
Posted by Peter Huang

I am happy to recommend a new blog Brazen And Tenured - Law Politics Nature and Culture from two of my colleagues: Pierre Schlag, Byron White Professor of Constitutional Law, and Sarah Krakoff, Wolf-Nichol Fellow. Pierre's research interests include constitutional law, jurisprudence, legal philosophy, and tort law. Pierre wrote an essay, The Faculty Workshop, which examines how the institution of law school faculty workshops expresses, regulates, and reproduces legal academic behavior, governance, hierarchy, norms, and thought. Sarah's research interests include civil procedure; Indian law, and natural resources law. Sarah is working on a book about the different stages of humans' relationship to nature, which extends her book chapter, Parenting the Planet.

Schlag

Krakoff

As Pierre described their blog, it's quite idiosyncratic as far as blogs are concerned. That having been said, Glom readers are likely to find their blog to be amusing, informative, and thought-provoking. Here are the two most recent examples.

Pierre's post entitled Tips for Legal Commentators: How to Talk to the Press is a delightful compendium of speaking points. It explains why the legal talking heads who come out of the woodwork to appear on television during any high-profile trial or other legal event always seem to say the same things with a high noise to signal ratio. My personal expeirence when speaking to print media financial journalists about securities fraud, materiality, derivatives, and Goldman Sachs is there is a very high probability (equal to one minus epsilon, where epsilon is a very small positive number) that I'll be misquoted to have said exactly the opposite of what I actually said! Pierre's advice for speaking to journalists has the virtue that it has the property of being subject matter and position invariant. In other words, no matter what legal topic and what viewpoint you have, Pierre's suggested sound bites will apply. Because they are universal and timeless, these quotes have the added virtue of making you sound profound and wise. Finally, these sample responses to media questions are brief, intuitive, memorable, and predictable. Once you deploy one, there is likely to be repeat demand for your expertise. On the other hand, if you do not enjoy being a talking head, then do the opposite of what Pierre recommends to ensure that reporters will not seek you out.

Sarah's post entitled The Economy versus the Environment? Not! (Or Why to Be Tigger Instead of Eeyore this Halloween) is a welcome reminder for both economists and environmentalists that being offered a choice between the economy and the environment is a false dichotomy that privileges a myopic time horizon and local opposed to global perspectives. Her post also nicely dovetails the small but growing literature applying empirical happiness research to support sustainable environmental policy. For example, Daniel A. Farber recently posted a working paper entitled Law, Sustainability, and the Pursuit of Happiness, which demonstrates that sustainability for society and the pursuit of individual happiness do not have to be at odds. 

FacultyPhoto2.php

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