What is “law”? In a forthcoming essay, Brian Leiter provides an excellent summary of H.L.A. Hart’s influential legal positivist theory of law. (The cover of his classic tome, “The Concept of Law”, is pictured below.) In particular, Professor Leiter, who teaches legal philosophy at the University of Chicago, claims that Hart’s account of legal positivism has three advantages over competing theories: (1) Hart’s theory provides a common sense or plausible account of the ordinary man’s understanding of law, (2) it can be tested empirically, and (3) it is parsimonious. Let’s examine each of these claims in turn: Continue reading
Fidel’s legal legacy (el juicio de los aviadores)
Among many other things, the Miami Herald’s extensive obituary of Fidel Castro describes the March 1959 trial of 44 Cuban pilots, bombardiers, and mechanics from Cuba’s pre-revolutionary air force (referred to as “el juicio de los aviadores” in Cuban legal history). In summary, after a revolutionary tribunal acquitted the accused airmen of crimes against the Revolution, an enraged Fidel instantly created a right of appeal for prosecutors. When he was told that Cuban law did not permit prosecutors to appeal acquittals, Fidel replied: “Revolutionary justice is not based on legal precepts but on moral conviction.” A second tribunal then condemned the airmen to prison for 30 years. In the words of the Herald: “the airmen were lucky. Though Cuban law did not allow capital punishment, the revolutionary tribunals were sending a steady stream of men to the firing squad, often after trials televised from sports stadiums where handpicked mobs of Castro supporters howled in unison, paredón! — to the wall!”
South American population density map

Hat tip: killerjag, via Reddit.
Cuba Libre
Fidel was already 42 years old when I was born a world away in Los Angeles, California, but because my family is Cuban, this charismatic despot–like a distant gravitational force–has overshadowed my life and shaped my world view for as long as I can remember. Here, though, is an extended excerpt from my autobiographical essay, describing my first visit to Cuba: Continue reading
Pari-mutuel sports betting
State anti-gambling laws pose an existential threat to the business models of sports betting companies like FanDuel and DraftKings. (See, for example, pages 26-33 of this treatise by law professor Marc Edelman.) But what if you were to bet on athletes like you bet on horses? Betting on horse races is based on the pari-mutuel system of wagering (“pari-mutuel” means “betting among ourselves”), and this system is already legal in 43 states! You may have heard of exotic Trifecta bets, but the most common types of wagers under the pari-mutuel system are Win, Place, and Show bets. Here is how these wagers work (via turfnsport.com): Continue reading
Legal liability for research fraud
That is the title of our latest paper, forthcoming in the Statistical Journal of the IAOS. Props to Steve Koczela and Orlando I. Martinez-Garcia for their comments and suggestions on the paper. In addition, props to my wife Sydjia Robinson and to my colleagues in the Dixon School of Accounting at the University of Central Florida for their friendship and willingness to disagree with me. Here is an excerpt from the introduction to our revised paper (citations omitted; emphasis in the original): Continue reading
If “did not vote” were a candidate, it would have won the 2016 election

Credit: Taillesskangaru, via reddit.





