Constitutional Showdowns. Eric Posner and Adrian Vermeule analyze constitutional showdowns, ask what rate and level of showdowns would be socially optimal, and ask whether socially optimal showdowns will be supplied by government institutions acting to promote their policy preferences and institutional interests.
As an interesting follow-up to the excellent post about Fuck law from last year, a controversy is brewing about the article's scholarly merit. Brian Leiter issued his Most Downloaded Law Faculty Rankings and excluded Ohio State and Emory because their "presence in the top 15 was due entirely to one provocatively titled article by Christopher Fairman who teaches at Ohio State and is visiting at Emory; without Fairman’s paper, neither Ohio State nor Emory would be close to the top 15." There has been some dispute over Leiter's omission of the two faculties on that basis. Fairman weighed in on the issue with his new article Fuck and Faculty Rankings.
The Structure of Search Engine Law, by James Grimmelmann. [abstract inside]
Two recent papers examine networks among Republicans: one among lawyers and the other among judges. Lawyers of the Right: Networks and Organization concludes that conservative lawyers, and particularly the Federalist Society, occupies a structurally important core bridging the gap between the religious and business constituencies on the right, which otherwise wouldn't interact. Meanwhile, Do Republican Judges Cite Other Republican Judges More? concludes that judges tend to base outside-circuit citation decisions on the political party of the cited judge, tend to cite judges of the opposite political party significantly less, are more likely to engage in biased citation practices in certain high stakes situations, and cite disproportionately more to those judges that cite back to them frequently. [via Professor Bainbridge and Empirical Legal Studies]
Please, do mention the war. Really, it's hard not to. After all, in a sense football is war, as the General famously joked. Sometimes it's peace. Same goes for that other football, by the way.