Category Archives: Law

Class No. 13 (The United Airlines Case)

Have you ever been bumped off a flight or received shabby service from a commercial airline carrier? In our next class, we will take a break from “The Social Network” in order to debate United’s fateful decision (see memes below) … Continue reading

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Starve the beast: let’s just repeal the 16th Amendment

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Simple Rules (United Airlines edition)

We are big fans of Richard Epstein’s book Simple Rules for a Complex World (Harvard University Press, 1995) for many reasons. Consider aviation. In place of this convoluted academic analysis, we would advocate for the following simple rule: carriers may … Continue reading

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Class No. 12 (“You better lawyer up …”)

In our next class, we will study the pleadings in the litigation between Facebook and Eduardo Saverin. In the movie The Social Network, for example, Eduardo confronts his best friend and business partner Mark Zuckerberg when he finally realizes that … Continue reading

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Justice Scalia’s Living Constitution

From Judge Posner’s forthright concurring opinion in the recent case of Hively v. Ivy Tech Community College, decided en banc by the U.S. Court of Appeals for the Seventh Circuit: “A diehard ‘originalist’ would argue that what was believed in 1964 defines the … Continue reading

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Class No. 11 (Is Facebook a monopoly?)

“But with … incredible growth came new problems.” –Ben Mezrich, The Accidental Billionaires, Ch. 22. In our next class, we will debate whether Facebook is an illegal monopoly. After all, Facebook is the most popular social network in the world … Continue reading

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Do we really need a supreme court? (In praise of judicial federalism: our final reply to Solum, for now.)

We will conclude our critique of public meaning originalism by posing the following judicial thought-experiment: What if we were to let the Supreme Court whither away? That is, what if the Senate simply stopped confirming any more new nominees to … Continue reading

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