Normative Legal Theory
-
Richard Posner’s Collective Punishment is up at The Becker-Posner Blog. The post is about "collective punishment"–with Israel’s actions in Lebanon as the hook. Here’s a taste: I want to discuss the economics of collective punishment, which is a conventional legal tool that is efficient in many of its applications. An important modern example is the…
-
A Neoformalist Manifesto Introduction It started with a findlaw column by Edward Lazarus on the theme of judicial intergrity. I responded with a post entitled: Judicial Integrity, Legal Realism, and the Second Amendment: A Commentary on Lazarus and Kozinski, and Matthew Yglesias endorsed some of my remarks. Sunday morning Jack Balkin responds in a post…