Friday, February 2, 2018
Tuesday, January 30, 2018
In light of the current interest in the general topic, many readers will find Professor Sadurski's knowledgeable discussion of the situation in Poland illuminating and instructive.
(Thanks to Tomasz Gizbert-Studnicki for calling it to my attention.)
Monday, January 29, 2018
Professors Rostron & Levit asked me to share the following about their useful guide:
We just updated our charts about law journal submissions, expedites, and rankings from different sources for the Spring 2018 submission season covering the 203 main journals of each law school.
A couple of the highlights from this round of revisions are:
First, again the chart includes information from the handful of journals that posted on their websites that they are not accepting submissions right now and what dates they say they'll resume accepting submissions.
Second, while 62 law reviews still prefer or require submission through ExpressO, 31 schools (up from 27 at this time last year) now require Scholastica as the exclusive avenue for submissions, with 31 more preferring or strongly preferring it, and 28 accepting articles submitted through either ExpressO or Scholastica. Thirteen schools now have their own online web portals. And one school each accepts articles on Twitter and bepress, while two accept submissions through Lex Opus.
The first chart contains information about each journal’s preferences about methods for submitting articles (e.g., e-mail, ExpressO, Scholastica, or regular mail), as well as special formatting requirements and how to request an expedited review. The second chart contains rankings information from U.S. News and World Report as well as data from Washington & Lee’s law review website.
Information for Submitting Articles to Law Reviews and Journals: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1019029
We’d welcome you to forward the link to anyone who you think might find it useful. We appreciate any feedback you might have.
All the best,
Allen and Nancy
Professor Allen Rostron
Associate Dean for Students and William R. Jacques Constitutional Law Scholar and Professor of Law
Professor Nancy Levit
Interim Associate Dean for Faculty and Curators' Distinguished Professor and Edward D. Ellison Professor of Law
I do think the W&L data is pure noise, since it does not control for volume of publication.
Thursday, January 25, 2018
Wednesday, January 24, 2018
Retired attorney Bruce Craig would welcome hearing from law professors interested in the following issue (you may reach Mr. Craig at brucecrai-at-gmail-dot-com):
As a former assistant attorney general (Wis.) I litigated against a number of pyramid schemes starting in 1968 and ending, for all practical purposes, in 1979 when the FTC ruled in favor of Amway. Now retired, living in New York, and still involved with this issue to a limited extent.
Since 1979, and Reagan, Amway has become a $9 billion/yr world-wide operation, the overall industry's annual revenues about $150 billion. Qualified estimates indicate that the loss ratio of participants in these operations exceeds 95%.
Not only has this made the pyramid owners billionaires but, as a direct result, it has also funded a political and governmental machine that has fundamentally suppressed any meaningful enforcement or legislative oversight. This is primarily the result of the victims of these schemes being politically invisible to both sides of the aisle and ignored on the basis they didn't work hard enough. Victims seldom file complaints as they feel they were part of an illegal process and involved family members and friends.
The press has primarily focused on disputes between Wall Street titans and not on the ethical and legal underpinnings which have enabled this to happen. Unfortunately, it appears the legal academia has not examined this as well.
At present, there is no formal legal distinction between pyramid schemes and "Multi-Level Marketing", with limited enforcement only after the fact. This phenomenon has enabled those not yet sued to claim they are legal MLM and not illegal pyramid schemes.
Given the significant and continuing massive losses, incurred by those mostly in the lower part of the middle class. This note is to inquire whether legal scholars might be interested in exploring the issue. From a philosophical standpoint I've noticed that the investment and financial communities seem to ignore the underlying damage caused by those listed on the NYSE.
This is far beyond my competence, but I offered to share this with the community of legal scholars and legal theorists, some of whom might be able to help.
Thursday, January 18, 2018
The full document here. I may say more when I've had a chance to digest it. Signed reader comments welcome (full name required, valid e-mail address); submit comment only once, it may take awhile to appear.
Monday, January 15, 2018
Thursday, January 11, 2018
A preeminent figure for many decades in both civil procedure and legal ethics, Professor Hazard taught at Berkeley, Chicago, Yale, Penn, and, since 2009, at the University of California, Hastings. The Penn memorial notice is here and the ALI notice here.
(Thanks to Scott Dodson for the pointer.)
Wednesday, January 10, 2018
Monday, January 8, 2018
The top 11 "most downloaded" law authors in the last 12 months are eleven tax professors who co-authored two papers on the recent tax overhaul, which garnered a prominent mention in The New York Times, leading to more than 70,000 downloads in the last month. For 10 of these 11 tax professors, these two NYT-plugged papers constitute 95% or more of all their downloads. The traditional #1 in downloads among law professors, Cass Sunstein, is now a mere 12th! This has happened before with SSRN, but usually involving one author (e.g., Christopher Fairman, or Daniel Solove). Farewell to SSRN downloads as a metric of any interest for at least a year!