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Kim Krawiec
Professor of Law, Duke University
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Congrats, Al!
A Companion to American Legal History
I'm delighted to announce that the Companion to American Legal History that Sally Hadden and I have been co-editing for the last few years is now available in ebook format and will be appearing shortly in hardcopy from Blackwell-Wiley. In the tradition of the other Blackwell Companions to Ame...
Well, see, I've already provided your first slide for your workshop
Baby Daddy's Gold
I don't even really have anything to say about this, but found it sufficiently amusing that I took a photo to share with Lounge readers. Perhaps Jim Hawkins can use it as a launching pad to discuss some more of his work on consumer financing. Or Al can use it as a place trivia quiz . . . It...
Ha! Happy to have been useful . . .
Baby Daddy's Gold
I don't even really have anything to say about this, but found it sufficiently amusing that I took a photo to share with Lounge readers. Perhaps Jim Hawkins can use it as a launching pad to discuss some more of his work on consumer financing. Or Al can use it as a place trivia quiz . . . It...
I'm in the same boat, Tamara. They have so far been very good, it seems, about accommodating people on other flights, including flights on another airline. But it's still a risk.
Document “retention” policy, anyone?
As those of you who travel with American Airlines are no doubt aware, the airline has been experiencing abnormal delays and cancelations of late. According to AA, the cause is a surge in pilots taking sick time and requesting minor repairs, often at the scheduled departure time. Not surprisingl...
Hi Alex -- yes, the reference is to the AA-Reno Air merger, when the court awarded AA more than $45 million dollars in damages due to the pilot union "sick out." Naturally, there could not be a court ruling yet on this week's actions. But the prior case must be very much on the minds of those who were around to experience it.
Document “retention” policy, anyone?
As those of you who travel with American Airlines are no doubt aware, the airline has been experiencing abnormal delays and cancelations of late. According to AA, the cause is a surge in pilots taking sick time and requesting minor repairs, often at the scheduled departure time. Not surprisingl...
The Fortune Teller! I had forgotten that one . . .
2012 Asia-America Institute in Transnational Law
So, as some of you guessed from the photos (or because I told you before I left), I just recently returned from teaching in a joint Duke-Hong Kong University summer program – the Asia-America Institute in Transnational Law. This was the first time I taught in the program, or visited Hong Kong,...
Interesting post, Peter. Welcome, and glad to have you with us.
A Review of Andrew Mellon, by David Cannadine
Thanks very much to Al and the others of the Lounge for the invitation to post a few thoughts for the next two weeks. I’ll be blogging about banking regulation, O. Henry, capital regulation, and a few other topics from the pre-market, pre-appointment side of the legal academy. As I do, I’m ...
Definitely haunted.
Haunted House
This is one of my favorite photographs from the summer; I don't know anything about the house (other than that it's in Wylliesburg, Virginia -- which is where I took the picture of the Paul Carrington roadside marker). Anyway, I wanted to post it because I really like this -- but I don't have m...
Thanks Patrick.
2012 Asia-America Institute in Transnational Law
So, as some of you guessed from the photos (or because I told you before I left), I just recently returned from teaching in a joint Duke-Hong Kong University summer program – the Asia-America Institute in Transnational Law. This was the first time I taught in the program, or visited Hong Kong,...
Good to be back, Al. Thanks!
Sent from my iPad
Where I've been . . .
I've been absent from the Lounge for a bit this summer . . . and I've missed you guys! Details to follow.
Great to hear from you, Bill -- and can't wait to hear more about your summer travel as well.
Where I've been . . .
I've been absent from the Lounge for a bit this summer . . . and I've missed you guys! Details to follow.
The collegehumor link is brilliant!
Outlook for Law School Applications in 2030?
Much has been said about the trend in law school applications. I now have strong evidence that applications may be few and far between, around the year 2030. I attended my youngest daughter's graduation from pre-school this morning. Among the 25 soon-to-be kindergartners (an adequate sample, d...
Ill have to leave that one to Taibi -- just because Im an academic doesnt mean I have *endless* amounts of free time. :-)
JP Morgan's Whale-sized Lobbying
As I mentioned the other day, one of the reasons that the press, pundits, and politicians are taking such pleasure in bashing JP Morgan on its trading losses is because Jamie Dimon has been one of the most vocal critics of the Volcker rule and other financial reforms, insisting that they’re un...
"I do not believe that calling Dimon down to a congressional hearing and reading him the riot act is useful at all. "
On this we are in complete agreement (as any sane person should be). But the pols must have their few moments on tape giving Dimon a tongue-lashing to prove that they're not all soft on the banks. Yada yada.
Putting the JP Morgan Loss In (Real) Perspective
Ever since JP Morgan’s announcement of a $2 billion loss on Thursday from what might or might not be a hedging transaction, advocates for financial reform have used the news as a basis for calls to strengthen rules currently in the works, most notably the Volcker rule. This is not the least bit...
There's some speculation in the press today, James, that there may be more losses -- they don't know, of course, but it is a reasonable story. I may blog more about that later today if I have time.
You may have seen, Adam, that a few folks are calling for more stringent measures, such as breaking up large banks or returning to Glass-Steagall, in the wake of this news. That's probably not the same as what you have in mind with "punishment" (which I take to be a call for individual accountability) but it is more harsh than Dodd Frank. I doubt that any of these proposals will have traction, absent another 2008-like episode.
Putting the JP Morgan Loss In (Real) Perspective
Ever since JP Morgan’s announcement of a $2 billion loss on Thursday from what might or might not be a hedging transaction, advocates for financial reform have used the news as a basis for calls to strengthen rules currently in the works, most notably the Volcker rule. This is not the least bit...
"when I head for Sicily and the Veneto"
Oh, I'm so jealous! Bring photos back, please . . .
Quacking Like A Prop Trade
So, I’ve finally gotten out from behind the wheel of a car long enough to post something a bit meatier on the JP Morgan Whale Fail. As I predicted in my earlier post, the case is already generating much debate about the implications for the Volcker rule, and could conceivably impact the rule’s ...
Hi Bill -- the IG9 is actually a corporate credit index, not a mortgage index.
Quacking Like A Prop Trade
So, I’ve finally gotten out from behind the wheel of a car long enough to post something a bit meatier on the JP Morgan Whale Fail. As I predicted in my earlier post, the case is already generating much debate about the implications for the Volcker rule, and could conceivably impact the rule’s ...
Thanks for this, Joan.
Sent from my iPad
On the Relevance of a Faculty Senate in the Modern U.S. University
My friend, Larry Catá Backer, is the incoming chair of Pennsylvania State University Faculty Senate. On April 2, 2012, he delivered this address before a symposium sponsored by the American Association of University Professors. The address is sure to ruffle some feathers and is worth reading ...
My experience on United last week pretty much mirrored this -- no ability to use the computer, old frequent flyer numbers didn't work, no ability to look up new numbers, etc. etc. So it looks as if they've managed to adopt new processes and systems that neither set of employees understand. I was particularly understanding and good natured about this, having just traveled 20 hours with the flu. And, naturally, my rant was completely effective in getting the desired results.
Trite Airline Slogans
Being based in Cleveland, previously a Continental Airlines hub, I am now a victim, er customer, of the new United Airlines presence in North East Ohio. Very recently the merger between the two airlines was completed and I took my first flight this week under the new United processes. It was a...
I agree - quite clever.
Sent from my iPad
Is Obama a UNC Fan?
Or just a savvy politician? Brad Smith, an undergraduate political science student at the University of North Carolina, entertains himself during tournament lulls: Stated explicitly, the question I hope to answer here is: "Does Obama systematically favor teams from "swing states" when filling o...
Thanks, Matt -- theyll be published next year in the Duke Law Journal. Patrick, you might want to take a look at the Katzenstein and Bradley-Gulati articles, in addition to Postemas when they are posted. All address to some extent emergent customs, or the ways in which custom forms and changes, and thus talk a bit about the type of newer traditions that you mention, whether they can properly be called custom, what are the consequences of that, etc.
Sent from my iPad
Law and Custom Today and Tomorrow
I've blogged a couple of times about the year-long Law & Custom Program going on at Duke Law School this year. We kicked off the program with a series of summer reading group sessions, and followed that up with a (still ongoing) workshop series in which scholars from around the country will pre...
Excellent question, Patrick. As you might expect, a fair amount of time yesterday was devoted to definitional issues. I won’t be able to properly rephrase Gerry Postema’s excellent comment on this, but something about the term custom being an amorphous cloud that we have to corral just long enough to all talk about the same thing, even if some wisps get out and then it all goes away. He said it much more eloquently, of course. I’d say, first, that I think our group would all agree that tradition is different from custom, in that custom is obligatory, whereas tradition is not – it’s just what normally happens. A few folks discuss this in the draft papers for the symposium, so you might want to look at it when it comes out. Social norms, however, is different and I think that most of us used that term interchangeably with custom, though I don’t know if that is really correct (maybe it depends on the circumstance?). The international law folks, I suspect, may have to define custom a little more narrowly than others to make it useful for them since, as you know better than I do, their main concern is when custom becomes binding as law, so there are more conditions to meet.
I’ll let you know if anything else interesting emerges from today’s discussion. And, if you haven’t yet, you might want to check the website in the link I posted yesterday. Our summer reading papers and speaker series are there, and some of those papers (including the Postema paper, if I recall correctly) tackle definitional issues.
Law and Custom Today and Tomorrow
I've blogged a couple of times about the year-long Law & Custom Program going on at Duke Law School this year. We kicked off the program with a series of summer reading group sessions, and followed that up with a (still ongoing) workshop series in which scholars from around the country will pre...
Thanks for this, Patrick.
Carrots, Strings, and Power: The New York Times on Ruth Grant’s Strings Attached
My fabulous colleague, Ruth Grant’s, new book, Strings Attached, is reviewed in yesterday’s New York Times. As a bit of background, Ruth is a Professor of Political Science at Duke University, specializing in political theory with a particular interest in early modern philosophy and political ...
Good questions, Bill
How to Defend a Scandal: Claremont-McKenna Version
Step One: Label the offending employee a “rogue” During Dean Garris’ review of this matter, a senior administrator in the Office of Admission disclosed that he had been solely responsible for falsely reporting SAT statistics since 2005. Step Two: Ignore any institutional benefits from said “...
Great post, David. And a fascinating question. I'd love to know more about your course and possibly see a reading list if you're willing to pass it on at some point. Best, Kim
Uterine Transplants?
Inspired by Kim Krawiec's example, I thought I'd share a topic from my course on Social Regulation of the Body: Should surgeons transplant a uterus into a woman who was born without a uterus or has had a hysterectomy and wants to become pregnant? The debate reminds us that efforts to promote fam...
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