• Digital Labor & Rethinking Economics

    It’s easy to document the degradation of work conditions in the wake of capital’s ascendance. I’ve done so for years, fully expecting that globalization would push the downward convergence of non-college-educated American workers’ living standards to that of the 75% of the global work force now living in the developing world. But I think we are in the midst of a sea change of resistance.

    2 readers - Concurring Opinions
  • Chapter 8 of Berkshire Beyond Buffett: An Excerpt and Link

    The following is an excerpt from Chapter 8, Autonomy, from Berkshire Beyond Buffett: The Enduring Value of Values; the full text of the chapter, which considers the case for Berkshire’s distinctive trust-based model of corporate governance, can be downloaded free from SSRN here. . . . Berkshire corporate policy strikes a balance between autonomy and authority.

    4 readers - Concurring Opinions
  • Argentina and Sovereign Insolvency

    Thanks to Gerard for the nice introduction. Indeed, I am here to rant about bankruptcy, securities, and corporate, mostly. The vineyard lies dormant now (but any offers for it will be considered).

    3 readers - Concurring Opinions
  • Tim Wu for Lt. Governor

    Follow: Previous Post FAN 29.1 (First Amendment News) — Florida Bar Joins Petitioner in Urging Court Review of Judicial Elections Case Our Books Recent PostsRecent Comments Current Events Tim Wu for Lt. Governor Constitutional Law FAN 29.

    2 readers - Gerard Magliocca/ Concurring Opinions
  • Does Salaita Have a Contract Claim?

    As I’ve argued in pedantic detail, Prof. Salaita’s hypothetical promissory estoppel claim against the University of Illinois is weak. In the Illinois Court of Claims, even if one can assert estoppel against a state instrumentality, the claim should fail unless the undiscovered facts are radically different from those publicly known.

    1 readers - Concurring Opinions
  • Further Thoughts on Halbig and Originalism

    Since my post on Halbig and originalism drew several great comments (including a response by Larry Solum here), I thought would add some clarifying thoughts. My point is that recovering the original public meaning of a legal text is often much harder than people care to admit. Historians are more likely than lawyers to say that the meaning of a past event is indeterminate.

    7 readers - Gerard Magliocca/ Concurring Opinions
  • Residence Requirement of the Federal Circuit

    One of the most curious provisions in federal law is 28 U.S.C. Sec. 44(c), which states the following: “While in active service, each circuit judge of the Federal judicial circuit . . . and the chief judge of the Federal judicial circuit, whenever appointed, shall reside within fifty miles of the District of Columbia.

    Gerard Magliocca/ Concurring Opinions
  • Halbig and Originalism

    One criticism of originalism in constitutional law is that we cannot always determine with reasonable certainty what the Framers of the 1787 Constitution, the Bill of Rights, or the Fourteenth Amendment intended or what the public understood those provisions to mean. Nonsense, say defenders of originalism.

    7 readers - Gerard Magliocca/ Concurring Opinions
  • En Banc Review

    The DC Circuit is considering a petition for rehearing en banc in Halbig (the Affordable Care Act case). I have no opinion on what the Court should do, and I think that it’s silly for outsiders to advise judges on a discretionary matter. (In other words, there is no “expertise” on whether to go en banc.

    2 readers - Gerard Magliocca/ Concurring Opinions
LawBlogs facts
  1. listed
  2. #40 in our ranking
  3. 306 posts, read by 1339 readers
  4. 4.39 readers per post
  5. more than 4.1 Tweets per post*
*recent 30 posts and we do filter out a bunch of bots.
Get the top posts on time for breakfast