Category Archives: Law

The Quiet Bar: San Diego Legal Culture

San Diego contains substantial wealth, sophisticated institutions, federal jurisdiction over one of the heaviest international borders in North America, a major military presence, an important biotechnology corridor, and a long-established corporate bar. Yet San Diego never developed the prestige theater … Continue reading

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Jeffrey Toobin and the Juridification of American Public Life

Jeffrey Toobin (b. 1960) rose during the late twentieth century as an influential interpreter of the American legal system for a mass audience. Across magazine journalism, television commentary, prosecutorial memoir, and narrative non-fiction, he helped turn constitutional law, federal prosecution, … Continue reading

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The Outside Auditor: Steven Brill and the Engineering of Elite Transparency

Steven Brill (b. 1950) belongs to a generation of entrepreneurs who treated reporting as an instrument for restructuring elite systems rather than as a craft of observation alone. Across five decades he moved among media, law, technology, public policy, and … Continue reading

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Competence and Command: Asian Americans at the Summit of American Law

Three recent television shows put the young Asian lawyer at the center of the frame, and the three together draw the fault line this essay traces. On Korean television the flamboyant advocate is a stock hero. Song Joong-ki (b. 1985) … Continue reading

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The Leaderboard: David Lat and the Prestige Economy of American Law

Blogger attorney David Lat (b. 1975) has interpreted American elite legal culture during its passage from the print era into the fragmented digital prestige economy of the twenty-first century. His career sits at the meeting point of several institutional systems … Continue reading

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Why Philosophy Polices Harder Than Law

Philosophy enforces tighter coalitional discipline than legal academia because the structural conditions on a philosopher are tighter than those on a law professor. Start with size. A top philosophy department has fifteen to twenty-five faculty. A top law school has … Continue reading

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Love, Marriage & Constitutional Law

Robert Post (b. 1947) and Reva Siegel (b. 1956) are a married couple at Yale Law. Post was Yale Law’s dean from 2009 to 2017. Siegel is the Nicholas deB. Katzenbach Professor of Law. They have co-authored extensively, including the … Continue reading

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Legal Scholars Go Quiet On Structures That Serve Legal Scholars

The pattern repeats across multiple structures the legal academy once criticized when it constrained them and stopped examining once it benefited them. Legal scholars produced a small body of writing on anti-nepotism rules and their evolution. The civil rights literature … Continue reading

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The Two-Body Solution: What Power Couples in Elite Law Schools Tell Us About American Law

The American legal academy has produced a great body of scholarship on equal protection, on disparate impact, on the procedural rules that govern the rest of the country. The same academy has produced almost nothing on the procedural rules that … Continue reading

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The Re-Founder: Clarence Thomas and the Originalist Project

Clarence Thomas was born in Pin Point, Georgia, in 1948. The town sat on the Gullah coast near Savannah. His father left when he was small. His mother could not feed him and his brother. After a house fire, his … Continue reading

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