Festschrift for Phil Frickey: A Poem

Words gather, find their home. The sky is blue. The apple of friendship, the rose of scholarship, yet life’s thorns too: Neoplasm, oncology, errant cells”” no matter though. The field receives your labor and is grateful. Dignity, respect; you reap, you sow. Seeds for justice find a caring, careful hand. Prairie wind, pacific shore”” a […]

Philip Frickey: An Annotated Bibliography

Philip Frickey began his academic career when he joined the University of Minnesota Law School in 1983″”this after spending a few years in private practice and, before that, clerking for Judge John Minor Wisdom of the Fifth Circuit Court of Appeals and Justice Thurgood Marshall of the U.S. Supreme Court. At Minnesota, Frickey began his […]

Rational Ignorance, Rational Closed-Mindedness, and Modern Economic Formalism in Contract Law

This article argues that modern economic formalism is nothing more than an argument for purportedly rational ignorance and closed-mindedness in courts. Although individuals may well be ignorant in many circumstances, courts ordinarily should not strive to be. The article first describes why rational ignorance and (to coin a phrase) “rational closed-mindedness” in individuals fail to […]

Respect and Resistance in Punishment Theory

Is it coherent to speak of a right to resist justified punishment? Thomas Hobbes thought so. This essay seeks first to (re)introduce Hobbes as a punishment theorist, and second to use Hobbes to examine what it means to respect the criminal even as we punish him. Hobbes is almost entirely neglected by scholars of criminal […]

Against Moral Rights

This Article attacks the foundations of moral rights scholarship, law, and theory. The author focuses on the moral right of “integrity,” called “the heart of the moral rights doctrine,” which allows an artist to prevent modification, and in some cases, destruction of his art work. Her argument is that moral rights actually endanger art in […]

Critical Inquiry: A Tool for Protecting the Dissident Professor’s Academic Freedom

This comment concerns the Sixth Amendment Confrontation Clause and seeks to justify why courts consistently find an autopsy report not subject to the right to confrontation under the new test created by the Supreme Court in Crawford v. Washington. The current test turns on a statement’s classification as “testimonial”; testimonial statements require confrontation, but non- […]

The Myth of International Delegation

There is a growing and misinformed sense in some quarters that the United States and other countries have engaged (and continue to engage) in delegations to international institution that involve a significant threat to domestic sovereignty. Concerns about such delegations come from academics (John Yoo: “Novel forms of international cooperation increasingly call for the transfer […]