Ward Churchill and the Future of Public Employee Speech Retaliation Litigation
The Colorado Court of Appeals released its decision in Ward Churchill’s appeal in his First Amendment retaliation case against the University of Colorado last Wednesday (which must be one of the...
View Article2011: Has that much really changed?
I want to start by wishing everyone a very happy New Year and by thanking my colleague Danielle Citron and all of the permanent authors of Concurring Opinions for inviting me back to guest blog. I...
View ArticleCreative Reconstruction
In my opening post, I referenced the slow pace of change and how it can be exceedingly painful for individual consumers. I want to follow up on that concept in the business context, where slow...
View ArticleLet the Good Times Roll
The PR departments of the Big 3 automakers are working overtime. With the public opening of the North American International Auto Show just days away, Ford, General Motors and Chrysler released...
View ArticlePerhaps a Sign of Things to Come
A Federal Reserve staffer suggested this week that the Fed will defer a key consumer decision to the newly-created Consumer Financial Protection Bureau (CFPB). That decision concerns homeowners’ rights...
View ArticleCreating Corporate Culture Through Comedy?
As I was preparing to fly home from a conference yesterday, I was watching msnbc’s Your Business, which was profiling a small business that uses comedy to create a positive corporate culture. The...
View ArticleThe Very Active Activist Investors
Activist investors have been very busy in recent months, both in the U.S. (see here, here and here) and elsewhere. Among other things, Bill Ackman, through Pershing Square Capital Management, obtained...
View ArticleVolunteering in a Recession
I heard an interview today with a representative of a nonprofit organization that matches volunteers with organizations in need—a sort of match-maker in the volunteer context. Interestingly, the...
View ArticleThe Great Sport of Entrepreneurship
Being a huge sports fan and a corporate law geek, I have truly enjoyed the attention garnered by the Green Bay Packers’ ownership structure in the build up to the Super Bowl (see, e.g., here). The...
View ArticleGearing Up for a Let Down?
There currently is a lot of activity surrounding implementation of the Dodd-Frank Act. The various agencies are proposing rules, numerous organizations are filing responsive comments and many rules...
View ArticleWhere Have All of the Storefronts Gone?
Have you noticed the number of empty storefronts around? (For a list of recent store closings, see here.) Business failure unfortunately is part of an economic recession, but it also follows changes in...
View ArticleThe Entrepreneurial Dilemma
I attended the Fifth Annual Law and Entrepreneurship Retreat this week, and it was an interesting, inter-disciplinary discussion of all things entrepreneurial. The papers and debate focused not only on...
View ArticleParting Thoughts on the Profession
I want to thank the permanent authors of Concurring Opinions for the opportunity to guest blog. I truly enjoyed the experience and the lively debate. Academia can be isolating in many...
View ArticleHenry Louis Gates and Black in Latin America: A Review
Harvard Professor Henry Louis, perhaps best known to most Americans for his run-in with a Cambridge Police Officer, than for his scholarly writings and academic entrepreneurship, is back on public...
View ArticleThe Court, Spending, Federalism, Medicaid, and Other Minor Stuff
My thanks to Angel, Dan, and the rest of the regulars at CoOp for the invitation and the introduction. I am delighted to be guest blogging, especially at a time when my fields of interest are...
View ArticleJumping ahead to Coercion
I had intended to address Douglas next, as it is a nice gateway for discussing Florida v. HHS, but a defense of the coercion argument just published in the New England Journal of Medicine Online...
View ArticleStanford Law Review Online: How to Reach the Constitutional Question in the...
In a Note just published by the Stanford Law Review Online, Daniel J. Hemel discusses a jurisdictional issue that might delay a ruling by the Supreme Court on the constitutionality of the Patient...
View ArticleStanford Law Review Online: The Iraq War, the Next War, and the Future of the...
The Stanford Law Review Online has just published an Essay by Yale’s Stephen L. Carter entitled The Iraq War, the Next War, and the Future of the Fat Man. He provides a retrospective on the War in...
View ArticleService with a (Surgically-Induced) Smile: Gender Norms at Work
I am so delighted to be guest blogging for Concurring Opinions this month and to be part of this exciting community. This month, I will be blogging on various intersections of law, social norms,...
View ArticleUCLA Law Review Vol. 61, Issue 1
Volume 61, Issue 1 (December 2013) Articles Against Endowment Theory: Experimental Economics and Legal Scholarship Gregory Klass & Kathryn Zeiler 2 Why Broccoli? Limiting Principles and Popular...
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