Category Archives: Law

Ten Convenient Beliefs For Leaders Of Big Law Who Refused To Cut Deals With The Trump Administration

Big Law leaders who refused to cut deals believe their decisions to litigate rather than negotiate represent principled defense of the rule of law and the legal profession’s independence from governmental coercion rather than a combination of factors whose relative … Continue reading

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Ten Convenient Beliefs For Leaders Of Big Law Who Cut Deals With The Trump Administration

Big Law leaders who cut deals with the Trump administration believe their decisions to provide pro bono legal services, commit attorney hours, and pledge institutional cooperation in exchange for the administration withdrawing executive orders targeting their firms represent principled negotiation … Continue reading

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Ten Convenient Beliefs For American Attorneys Today

These are beliefs that serve attorneys’ material and status interests while feeling like principled commitments. The adversarial system produces just outcomes better than any alternative. This belief justifies the attorney’s entire role and income while framing what is essentially a … Continue reading

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The Law vs The Nature

What law-abiding Americans experience in their most private lives is not random frustration but a structural conflict between two systems solving different problems. Evolution optimizes individuals for reproductive success. Law optimizes coalitions for stability. When those two logics collide, the … Continue reading

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Real-World Influence on Judges and Dayanim: A Parallel in Legal Realism and Halachic Pragmatism

Reality influences how judges interpret and implement law. You can find analogies in Orthodox Judaism where the dayanim (deciders of Jewish law) often note what is going on in a real community and that then shapes how they interpret and … Continue reading

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International Law Won’t Stop a Missile

Piers Morgan writes: “So not only has Iran brazenly lied about its ballistic missile range capacity, but this means it can probably hit the UK with them – and we have zero, I repeat ZERO, defence against these missiles. Very … Continue reading

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Trump v Big Law

Duncan Hosie, a legal scholar at the Stanford Constitutional Law Center, writes in the NYT: Whatever the ultimate legal outcome, the Trump administration’s broader objective — chilling corporate legal resistance — had been accomplished. In the first eight months of … Continue reading

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The Jurisdictional Wars: Alliance Theory and the Battle for American Professional Authority

American professions do not primarily compete over who is most competent. They compete over who gets to define what requires their competence. High-status actors do not say they want power, prestige, or income. They say they are protecting the public, … Continue reading

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The Jurisdictional Wars: Alliance Theory and the Battle for Power in the American Bar Association

High-status actors in the American Bar Association do not compete for authority by saying they want power. They compete by invoking moral languages that frame their authority as defending the rule of law, protecting the integrity of the legal system, … Continue reading

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The Jurisdictional Wars: Alliance Theory and the Fight for Power Among American Legal Elites During the Iran War

No one says they want to control the meaning of legality because it gives them power. They say they defend the Constitution, uphold the rule of law, protect national security, or interpret complexity for those who cannot navigate war powers … Continue reading

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