Academic Commentary

© WikiMedia (Tony Webster)

Regulators need to know what happens out in the world to understand and to oversee the industries under their supervision. Information flow may be a particular challenge for overseeing payday lending. At present, most states do not have database systems to track payday lending operations. Even when states do have database systems, federal regulators may [...]

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A spectre is haunting the American legal profession – the spectre of diploma privilege. Facing the psychological and physical trauma of COVID-19, and buoyed by growing calls for diversity and equity in the wake of centuries of racial and social injustice blithely and sometimes viciously perpetuated by lawyers in positions of power, a new generation [...]

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No less than Columbus’ namesake founded U.S. legal education.  Christopher Columbus Langdell devised the “case method”—the formalistic “science” of “discovering” law from appellate court opinions through the process of “legal reasoning.” As dean of Harvard Law School in the late nineteenth century, Langdell institutionalized the case method during the eras of Reconstruction, Redemption, and Jim [...]

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With a view to ensure that classes are not scheduled online, this week, the Trump administration is considering a policy targeting nonimmigrant F-1 and M-1 students. The policy position is that students on these visas attending schools that operate entirely online may not take a full online course load and remain in the United States. [...]

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“The enemy is the unphilosophical spirit which knows nothing and wants to know nothing of truth.” – Karl Jaspers, Reason and Anti-Reason in our Time (1952) Even in this grievously faltering United States, presidential elections are praised as essential evidence of a law-based democracy. This ritualized practice continues although “We the People” are suffering at [...]

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The Supreme Court’s 5-4 invalidation, in Department of Homeland Security, et. al. v. Regents of the University of California, et. al. of the Trump Administration’s attempt to rescind the DACA program has obvious practical (if only temporary) significance for millions of Americans. The Obama-era Deferred Action for Childhood Arrivals (DACA) program provided renewable two-year deferrals from [...]

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