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Kim Krawiec
Professor of Law, University of Virginia
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It almost certainly got caught in the spam filter. Ill dig it out when I get to a computer- and look forward to reading your review!
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Does Contract Law Need Morality? The Slave, The Digital Pedophile, and The Indebted Gambler
Wenhao Liu and I have just posted to SSRN a draft of our paper discussing Nate Oman’s book, The Dignity of Commerce. For those of you who have not yet read the Dignity of Commerce, I highly recommend it. I adopted it for my Advanced Contracts seminar last year and have done the same for this y...
Thanks Al!
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Law & Markets Volume Is Out!
I’ve posted a few times about the Duke Project on Law and Markets (see here, here, and here), which was led last year by Joseph Blocher and me. Like the Custom and Law Project that preceded it, this Project culminated in an edited volume, published this time by Law & Contemporary Problems. Th...
Wow -- thanks for posting this. I just covered Flynn v. Holder in class a few weeks ago, and was unaware of this new (and, in my view, mistaken) move by HHS. I look forward to hearing your thoughts on this in your next post.
HHS Proposes Rule to Amend NOTA, Nullify Flynn v. Holder
On October 2, in the midst of the government shutdown—either HHS somehow managed to convince itself that the rule was "necessary for the protection of life" or, more likely, it had already been scheduled for printing—HHS quietly published a Notice of Proposed Rulemaking. The proposed rule would ...
Harford’s piece on Ostrom and Hardin is really interesting. I must be getting old, because it seems like just yesterday she won the Nobel prize – can’t believe it was actually 2009.
Two Profiles Worth Reading of Academics at the Intersection of Law & Social Science
Evidence-Based Justice: Corrupted Memory In Nature, neuroscientist Mo Costandi has a nice profile (the title of which I have stolen for my own subheading here) of UC Irvine psychologist and law prof Elizabeth Loftus., whose work as both a scholar and an expert witness has focused on the frailtie...
Thanks for your comments, Marcia. And I’m glad that our respondents’ statements on this point ring true for you, especially as I can see from your bio that you’re quite familiar with this world. You might also be interested in another paper of ours, “Does Critical Mass Matter?,” which has detailed stories from our respondents about what it’s is like to be the “first and only” female or minority. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1781064
The short answer – most of our respondents, by the time they reach the boardroom, are used to it because they’ve been in that position their whole lives.
On Yellen, Summers, and Being Part of The Club, The Wrap-Up
In this series of posts, I’ve been detailing some of the ways in which the gender undertones of the Yellen-versus-Summers-for-fed-chair debate resemble discussions we've heard about corporate board diversity. In this wrap-up post, I want to return to a theme I mentioned in my first post – the...
Lol -- understood and I made a similar point in conversation with someone just this weekend: "why are we talking about 'diversity' if what we mean is 'discrimination'?" I do think that there are some relevant differences between the corporate board and fed chair contexts on this point, but I realize I'll never get any work done if I don't get off the internet.
Thanks for the feedback.
On Yellen, Summers, and Being Part of The Club, The Wrap-Up
In this series of posts, I’ve been detailing some of the ways in which the gender undertones of the Yellen-versus-Summers-for-fed-chair debate resemble discussions we've heard about corporate board diversity. In this wrap-up post, I want to return to a theme I mentioned in my first post – the...
Thanks for your comment, TJ, though I’m not sure that I follow your argument. I did not say that no one is invoking diversity arguments. Of course they are – that is the point of these posts and of the five articles and book chapters I’ve written on this topic. Rather, I said – as you correctly quote -- that no one is arguing that more-qualified men should be passed over for less-qualified female candidates in the name of “diversity.” Thus the argument – from both Yellen’s supporters and most board diversity supporters – is really three-fold: (1) they are just as, if not more, qualified than their male counterparts, (2) they are subtly disadvantaged by their “outsider” status, and (3) in any event, diversity brings additional benefits that should weigh in their favor. (The various tensions in this last point are the subject of the paper that I mention in the post)
“You might say that Yellen supporters are really concerned about invidious discrimination against her in the form of "fit" and "comfort,"”
Yes, that is exactly what I’m saying. I think we're on the same page here, though perhaps I misunderstand your comment.
On Yellen, Summers, and Being Part of The Club, The Wrap-Up
In this series of posts, I’ve been detailing some of the ways in which the gender undertones of the Yellen-versus-Summers-for-fed-chair debate resemble discussions we've heard about corporate board diversity. In this wrap-up post, I want to return to a theme I mentioned in my first post – the...
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!
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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.
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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 ...
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