Yale Law School Blogs

[Scholarship] New Articles on Administrative Law & Regulation (14th installment)

akis.psygkas — Thu, 16 May 2013 16:48:00 GMT

Accountability

Katarina Staronova & Erik Láštic, Into the Labyrinth: The Rewards for High Public Office in Slovakia (May 2013) [SSRN]

Joel Rheuben, Enhancing the Right to Know in Japan: Translation of and Commentary on Proposed Amendments to the Information Disclosure Law (January 2013) [SSRN]

Executive Department

David J. Barron, Todd D. Rakoff, In Defense of Big Waiver, 113 Colum. L. Rev. 265 (2013) [Westlaw]

Arthur H. Garrison, The Opinions by the Attorney General and the Office of Legal Counsel: How and Why They Are Significant, 76 Alb. L. Rev. 217 (2013) [Westlaw]

Legislation/Statutory Interpretation

William N. Eskridge, Jr., Reading Law: The Interpretation of Legal Texts. by Antonin Scalia and Bryan A. Garner. St. Paul: West, 2012. Pp. 567,113 Colum. L. Rev. 531 (2013) [Westlaw]

George K. Yin, The Role of Nonpartisan Staff in the Legislative Process (May 2013) [SSRN]

Administrative Independence

Graham Greenleaf, Singapore's New Data Protection Authority: Strong Enforcement Powers and Business Risks (April 2013) [SSRN]

Modes of Governance and Regulation

Christopher Jon Arup, A Future for Regulation and Governance: Some Reflections @10 (May 2013) [SSRN]

Hannah Jacobs Wiseman, Remedying Regulatory Diseconomies of Scale (April 2013) [SSRN]

Muiris MacCarthaigh, Reform of Public Policy-Making in Ireland (March 2013) [SSRN]

Public Administration

Willy McCourt, Models of Public Service Reform: A Problem-Solving Approach (April 2013) [SSRN]

The Public/Private Divide

Nina A. Mendelson, Private Control Over Access to Public Law: The Puzzling Federal Regulatory Use of Private Standards (May 2013) [SSRN]

Tanja Klenk & Jonas Pieper, Accountability in a Privatized Welfare State: The Case of the German Hospital Market, 45 Administration & Society 326 (2013) [SAGE journals]

Financial Regulation

Jonathan R. Macey, The Regulator Effect in Financial Regulation, 98 Cornell L. Rev. 591 (2013) [Westlaw]

New on the shelves: The Trial of Queen Caroline

Mike Widener — Sun, 05 May 2013 15:45:00 GMT

We recently acquired 18 pamphlets, many of them illustrated, on the 1820 trial of Queen Caroline of England, one of the most sensational events of Regency England. Her husband, the unpopular King George IV, put her on trial for adultery in the House of Lords, in an effort to dissolve their marriage.

While serving as Regent during the incapacity of his father George III, "Mad King George", the future king acquired a reputation as a spendthrift, a drunk, and a womanizer. His arranged marriage to Caroline, a German princess, was never a happy one, and they separated soon after the birth of their only child, Princess Charlotte. Caroline departed for Europe and rumors later circulated that the head of her household, the Italian courtier Bartolomeo Bergami, was her lover.

Upon the death of George III in 1820, Caroline's husband took the throne as George IV, and Caroline returned to England to claim her place as the queen consort. He retaliated by introducing the Pains and Penalties Bill in Parliament, declaring Caroline guilty of adultery and granting him a divorce. By this time George was intensely unpopular with the British public, who took the Queen's side. The reform movement adopted Caroline as their figurehead.

The trial generated a huge amount of press coverage, pamphlets and broadsides, such as the example shown here: The R--l Fowls, or, The Old Black Cock's Attempt to Crow over His Illustrious Mate (7th ed.; London: Printed for Effingham Wilson, 1820). They are forerunners of the tabloid press and the satire of Monty Python.

Our newest Flickr gallery, The Trial of Queen Caroline, displays all our holdings on the trial, including over twenty pamphlets and six multi-volume accounts of the trial, most of them copiously illustrated. As a whole, they can support research on the press, gender issues, divorce, popular illustrators, the British monarchy, and many other topics.

For more on the trial, see the Wikipedia article, "Pains and Penalties Bill 1820"; the online article by Carolyn Harris, "The Trial of Queen Caroline in 1820 and the Birth of British Tabloid Coverage of Royalty"; and the book by Jane Robins, Rebel Queen: The Trial of Caroline (Simon & Schuster, 2006).

MIKE WIDENER
Rare Book Librarian

[Scholarship] New Articles on Administrative Law & Regulation (13th installment)

akis.psygkas — Fri, 03 May 2013 23:38:00 GMT

Accountability & Decision-making Processes

Bennis Wai Yip Soa, Civic Engagement in the Performance Evaluation of the Public Sector in China, in: Public Management Review (April 2013) [Taylor & Francis Online]

Nicholas Bagley, Bedside Bureaucrats: Why Medicare Reform Hasn't Worked, 101 Geo. L.J. 519 (2013) [Westlaw]

Laverne Jacobs, Evaluating Ombuds Oversight in the Canadian Access to Information Context: A Theoretical and Empirical Inquiry (March 2013) [SSRN]

Judicial Review

Gary Lawson & Stephen Kam, Making Law Out of Nothing at All: The Origins of the Chevron Doctrine, 65 Admin. L. Rev. 1 (2013) [Westlaw]

Ji Li, Dare You Sue the Tax Collector! An Empirical Study of Administrative Lawsuits Against Tax Agencies in China (April 2013) [SSRN]

Diana R. H. Winters, False Certainty: Judicial Forcing of the Quantification of Risk, 85 Temp. L. Rev. 315 (2013) [Westlaw]

Bradley G. Hubbard, Deference to Agency Statutory Interpretations First Advanced in Litigation? The Chevron Two-Step and the Skidmore Shuffle [SSRN]

Executive Department

R. Craig Kitchen, Negative Lawmaking Delegations: Constitutional Structure and Delegations to the Executive of Discretionary Authority to Amend, Waive, and Cancel Statutory Text, 40 Hastings Const. L.Q. 525 (2013) [Westlaw]

Administrative Independence

Stavros Gadinis, From Independence to Politics in Financial Regulation, 101 Cal. L. Rev. 327 (2013) [Westlaw]

Modes of Governance and Regulation

Keith Werhan, Regulatory Federalism, Shaken Not Stirred (April 2013) [SSRN]

Public Administration

Leigh Osofsky, Some Realism About Responsive Tax Administration, 66 Tax L. Rev. 121 (2012) [Westlaw]

The Public/Private Divide

Sander Lenferink, Taede Tillema & Jos Arts, Public-Private Interaction in Contracting: Governance Strategies in the Competitive Dialogue of Dutch Infrastructure Projects, in: Public Administration (April 2013) [Wiley]

Alberto Asquer, Explaining the Partial Privatization of Public Service Provision: The Emergence of Mixed Ownership Water Firms in Italy (1994-2009) (March 2013) [SSRN]

Robert C. Hockett & Saule T. Omarova, 'Private' Means to 'Public' Ends: Governments as Market Actors (February 2013) [SSRN]

Environmental Law & Regulation

David N. Cassuto & Romulo S. R. Sampaio Sr., The Importance of Information and Participation Principles in Environmental Law in Brazil, the United States and Beyond (April 2013) [SSRN]

EU Administrative Law and Governance

Kenneth Armstrong, New Governance and the European Union: An Empirical and Conceptual Critique (April 2013) [SSRN]

Francois Lafarge, The Legal Basis and the Legal Constraints of EU Agencies (January 2013) [SSRN]

Global Regulation/ Global Governance

Grainne De Burca, Robert O. Keohane & Charles F. Sabel, New Modes of Pluralist Global Governance (February 2013) [SSRN]

Rare books and manuscripts join the eYLS Repository!

Mike Widener — Fri, 26 Apr 2013 20:12:00 GMT

The Rare Book Collection is excited to announce that it now has its own section in the Lillian Goldman Law Library's eYLS Repository. Titled Yale Law Special Collections, it contains digitized rare books and manuscripts from the Rare Book Collection. You can download, print, or just view them online by visiting the eYLS Repository.

The collection is arranged in several sub-series: American Trials, British Trials, Connecticut Legal History, Legal Education, History of the Yale Law School, and Italian Statutes. Pictured below is one of the items in the Connecticut Legal History series: A sermon, delivered at Danbury, Nov. 13th, 1817: being the day appointed for the execution of Amos Adams, for the crime of rape (New Haven: T.G. Woodward, 1817) by the Rev. William Andrews (1782-1838).

Stay tuned for announcements of additions to our online collection, on these and other topics.

This material is brought to you free of charge and free of restrictions. We only ask that, as a courtesy, you cite the Rare Book Collection, Lillian Goldman Law Library, as the source, and that you notify us if you plan to publish images.

For more information, contact Mike Widener, Rare Book Librarian, <mike.widener[at]yale.edu>.

-- CESAR ZAPATA
Collection & Access Coordinator

[Scholarship] New Articles on Administrative Law & Regulation (12th installment)

akis.psygkas — Wed, 17 Apr 2013 02:35:00 GMT

Accountability & Decision-making Processes

Daniel E. Walters, Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control (March 2013) [SSRN]

Thomas Owen McGarity & Sidney A. Shapiro, Regulatory Science in Rulemaking and Tort: Unifying the Weight of the Evidence Approach (February 2013) [SSRN]

Michael D. Frakes & Melissa F. Wasserman, Does Agency Funding Affect Decisionmaking?: An Empirical Assessment of the PTO's Granting Patterns, 66 Vand. L. Rev. 67 (2013) [Westlaw]

Richard Murphy, Chenery Unmasked: Reasonable Limits on the Duty to Give Reasons, 80 U. Cin. L. Rev. 817 (2012) [Westlaw]

Comparative Administrative Law

Janina Boughey, Administrative Law: The next frontier for comparative law, 62 Int'l & Comp. L.Q. 55 (2013) [Cambridge Journals]

Judicial Review

Josh Bendor & Miles Farmer, Curing the Blind Spot in Administrative Law: A Federal Common Law Framework for State Agencies Implementing Cooperative Federalism Statutes, 122 Yale L.J. 1280 (2013) [Westlaw]

Michael Kagan, Dubious Deference: Reassessing Appellate Standards of Review in Immigration Appeals, 5 Drexel L. Rev. 101 (2012) [Westlaw]

Eric M. Fraser, David K. Kessler, Matthew J. B. Lawrence & Stephen Calhoun, The Jurisdiction of the D.C. Circuit (March 2013) [SSRN]

Christopher J. Walker, Administrative Common Law Toolbox for Enhancing Court-Agency Dialogue (March 2013) [SSRN]

Anita S. Krishnakumar, Longstanding Agency Interpretations (February 2013) [SSRN]

Executive Department

David Pozen, The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information (March 2013) [SSRN]

Kent H. Barnett, Structural Improvements to Formal Executive Adjudication (March 2013) [SSRN]

Jason Marisam, The President's Agency Selection Powers (March 2013) [SSRN]

Adrian Vermeule, Recess Appointments and Precautionary Constitutionalism (March 2013) [SSRN]

Legislation/Statutory Interpretation

Abbe R. Gluck & Lisa Schultz Bressman, Statutory Interpretation from the Inside -- An Empirical Study of Congressional Drafting, Delegation and the Canons: Part I (April 2013) [SSRN]

Jeffrey A. Pojanowski, Statutes in Common Law Courts, 91 Tex. L. Rev. 479 (2013) [Westlaw]

Rob Van Gestel, The 'Deparliamentarisation' of Legislation: Framework Laws and the Primacy of the Legislature (March 2013) [SSRN]

Administrative History

Jed Handelsman Shugerman, The Creation of the Department of Justice: Professionalization Without Civil Rights or Civil Service (March 2013) [SSRN]

Modes of Governance and Regulation

Adrian Vermeule, Rationally Arbitrary Decisions (in Administrative Law) (March 2013) [SSRN]

Maurits Barendrecht, David Raic, Ronald Janse & Sam Muller, Rulejungling: When Lawmaking Goes Private, International and Informal (March 2013) [SSRN]

S.I. Strong, Regulatory Litigation in the European Union: Does the U.S. Class Action Have A New Analogue?, 88 Notre Dame L. Rev. 899 (2012) [Westlaw]

Public Administration

Alejandro E. Camacho & Robert L. Glicksman, Functional Government in 3-D (March 2013) [SSRN]

Paul Dragos Aligica, Public Administration, Public Choice and the Ostroms: The Achievement, the Failure, the Promise (March 2013) [SSRN]

Environmental Law & Regulation

William L. Andreen, Success and Backlash: The Remarkable (Continuing) Story of the Clean Water Act (March 2013) [SSRN]

Financial Regulation

Paul Rose & Christopher J. Walker, The Importance of Cost-Benefit Analysis in Financial Regulation (March 2013) [SSRN]

Global Regulation/ Global Governance

Donald Earl Childress III, Does International Investment Law Need Administrative Law? (February 2013) [SSRN]

Can I Get Some Fries with That Shakespeare?

Sue — Wed, 17 Apr 2013 00:46:00 GMT

Thursday night is date night. It’s a tradition that my husband and I started in 2009, shortly after I signed my life away to began working for a big law firm, as a way for us to make sure we spent some quality time together at least once a week. Now that I’m working in higher education, we admittedly don’t have the same need for a designated date night, but if it ain’t broke, why fix it?

For our most recent date night, we decided to do something pretty unconventional for us and take in a play at the Yale Repertory Theatre – specifically, a production of Hamlet directed by James Bundy and starring Yale College and School of Drama alum Paul Giamatti. Neither of us is particularly big on theater (I suspect that for my husband, it has something to do with all of the cringeworthy plays and musicals that his high school students have made him attend over the years…), but we do like to try new things and we’re both fans of Shakespeare, so we were pretty excited about our first Yale Rep experience.

Of course, dinner and a show go together like YLS and “virtual grades,” so we figured, what more appropriate way to whet our appetites for Shakespeare than with a meal at Shake Shack? The bard and the burger. A winning recipe for date night, to be sure.

And so our evening began with a visit to Louis’ Lunch’s newest competitor, the ever-popular burger-fry-and-shake chain conceived by NYC restaurateur Danny Meyer. For those of you who may not be familiar with Shake Shack, it’s a restaurant that is known as much for its food as for its commitment to the environment. Shake Shack prides itself on using beef that is all-natural, hormone- and antibiotic-free, vegetarian fed, humanely raised, and source-verified. Other ingredients are locally sourced from artisanal producers whenever possible. Each Shake Shack restaurant is built from recycled and sustainable materials (e.g., the wooden walls of the New Haven Shack are made from the Yale Bowl’s old bleacher seats) and uses LED lighting and energy efficient kitchen equipment. To further reduce its footprint, Shake Shack offsets its electric usage through wind power and Renewable Energy Certificates, reuses its cooking oil to produce clean energy, and composts its food.

I should note – though this is a bit of a tangent – that one of the most interesting panel discussions I attended at the Law School this year featured Shake Shack CEO Randy Garutti. The panel, which was presented by the Yale Center for Environmental Law & Policy, Yale Environmental Law Association, and the Yale Sustainable Food Project, was called “Health, Safety and Sustainability in the Modern Food System.” Like every event at YLS, it was accompanied by free food – in this case, it was – what else? – burgers and milkshakes from Shake Shack.

On this particular visit to the Shack, my husband and I kept it simple and ordered a hamburger (me), a double ShackBurger (him), and a black and white milkshake (to share). I won’t go into an in-depth review of our meal, but here’s an interesting attempt to compare Shake Shack to other burger favorites In-N-Out and Five Guys.

Suffice it to say that I thoroughly enjoyed my burger, which was griddle-smashed (but still juicy) and seared to perfection in the signature Shake Shack way. Just look at that deep brown, all-over crust!

My husband’s burger was also juicy and cooked well, though he felt that with the double cheeseburger, there was just too much meat and that a single probably had the right ratio of beef to bun (proving once again that wives know better!).

The black and white shake, which I thought was going to be a half chocolate/half vanilla shake but tasted more like a vanilla shake with chocolate syrup, was creamy not icy and had just the right thickness. But a bit pricey at $5, if you ask me.

To cap off the meal, we ordered one of the three “concretes” (frozen custard blended with tasty mix-ins) that Shake Shack specifically customized for its New Haven location. The Elm City Coffee Break is a heavenly combination of vanilla custard, coffee cake marshmallow sauce, and pecan shortbread. We did have to do some additional mixing of our own to evenly distribute the sauce and the shortbread, which had mostly collected in a pool in the center of the custard, but it was worth the effort. The concrete had a great cinnamon flavor and really tasted like what you’d think coffee cake would taste like if it were reincarnated as a frozen custard. As an added bonus, we had the satisfaction of knowing that 5% of sales from the Elm City Coffee Break concrete go toward Solar Youth, a non-profit that empowers youth through environmental exploration, leadership, and community service.

With Act I of date night already a success, we continued on to Act II, which took place at the University Theatre on York Street.

Given that this is not the first 203 Blog entry on the Yale Repertory Theatre, I won’t say too much about the theatre itself and its illustrious history. I will say that my husband and I were not the only ones who were interested in catching this particular production of Hamlet, which sold out its entire run from March 15 to April 13. (And if the traffic on the Wall regarding Hamlet tickets was any indication, almost every YLS student saw the play as well!)

I’ll leave the formal theatrical review to the pros, but for us, Bundy’s Hamlet – a modern adaptation of the 400-year-old play – was intriguing and entertaining. When Hamlet delivers his famous “To be or not to be” soliloquy, he is wearing blue boxer shorts, a long plaid bathrobe, and argyle socks with house slippers – all part of his plan to put on an “antic disposition.” He later trades in these dowdy clothes for a tuxedo and red Converse high-top sneakers, as he attends the play intended to reveal his uncle Claudius’s murderous actions.

Although it was a little difficult to buy into a Hamlet who was almost as old as his mother and twice the age of his love interest, Giamatti’s impassioned acting and his creative – and often unexpected – injection of humor into Hamlet’s character made up for the dissonance. (When he first sees his best friend, Horatio, Hamlet expresses his exuberance by jumping into Horatio’s arms and wrapping his legs around Horatio’s waist!)

Again, we’re no theater buffs, but we enjoyed ourselves so much that by the end of the evening, my husband and I were wondering whether we might want to make date nights at the Yale Rep more of a regular thing. Yale University students get a discount on season passes, so think about getting yours for the 2013-14 season! Shake Shack meal (unfortunately) not included.

Exhibit talk at the Litchfield Historical Society

Mike Widener — Thu, 04 Apr 2013 15:26:00 GMT

Michael von der Linn, lead curator of our current exhibit, "From Litchfield to Yale: Law Schools in Connecticut, 1782–1843," will be speaking about the exhibit on April 19 at the Litchfield Historical Society in Litchfield, Connecticut. In his talk, von der Linn will explore how Sir William Blackstone’s seminal Commentaries on the Laws of England provided a syllabus for Judge Tapping Reeve, the founder of the Litchfield Law School. He will also compare examples from Book 1 of the Commentaries with Reeve’s own radical rewriting of that book, The Law of Baron and Femme (1816), and to show how Reeve revised Blackstone for a post-Revolutionary legal community.

The talk is part of the society's "Lunch and Learn" series. The talk will begin at 12 noon on Friday, April 19, at the Litchfield History Museum, 7 South Street, Litchfield, CT. There is a $5 recommended donation for this program. Those wishing to attend are asked register by calling (860) 567-4501 or emailing <registration@litchfieldhistoricalsociety.org>.

Exhibit talk now online: "Law Schools in Connecticut, 1782-1843"

Mike Widener — Thu, 04 Apr 2013 14:58:00 GMT

Michael von der Linn's March 27 talk, "From Litchfield to Yale: Footnotes to the Exhibit," is now available online in the Lillian Goldman Law Library's Vimeo channel. Von der Linn, Manager of the Antiquarian Book Department at The Lawbook Exchange, Ltd., is guest curator of the Yale Law Library’s current exhibition, “From Litchfield to Yale: Law Schools in Connecticut, 1782-1843.”

In his talk, von der Linn focused on three documents relating to the early history of the New Haven Law School, which eventually became the Yale Law School. One is an Aug. 6, 1842 letter from Samuel J. Hitchcock to the Yale Corporation requesting permission for the school to grant the LL.B. degree, which you can view here (the third image).

The second document is a brief article from the Nov. 13, 1824 issue of The Religious Intelligencer, a New Haven newspaper:

"NEW HAVEN LAW SCHOOL.
"The Law School established in this city, by Seth P. Staples, Esq. will hereafter be conducted by the Hon. David Daggett and S.J. Hitchcock, Esqs. Mr. Staples having removed to the city of New York. From the success of this school, which has been growing in reputation, and increasing in numbers ever since its establishment; -- from the well known reputation of the gentlemen who are now at the head of it; and from the many literary and social advantages which may be enjoyed in New Haven, we have no doubt that it will soon be equal, if not superior, to any similar institution in this country."

The third document, shown below, is a manuscript from the Law Library's Rare Book collection titled "List of students who have entered the office" [of Staples & Hitchcock from June 11, 1819 to December 26, 1824].

MIKE WIDENER
Rare Book Librarian

Happy Birthday to us!

Mike Widener — Wed, 03 Apr 2013 16:15:00 GMT

The Yale Law Library Rare Books Blog turns five years old today, a good occasion for marking highlights and saying "thank you."

Far and away the most popular posting of the last five years is "Holy diploma! Is Batman a Yale Law School alumnus?" (3 Oct. 2010), a byproduct of our exhibit, "Superheroes in Court! Lawyers, Law and Comic Books." To date, it has been viewed 16,481 times. Thank you, Batman fans!

Coming in at number 2 on our greatest-hits list is "Images of Justice" (22 Dec. 2009), viewed over 3,700 times. Seth Quidichay-Swan put together this mini-exhibit as part of his internship in the Law Library, while he was studying for his master's in library science from Southern Connecticut State University. Seth is now Faculty Services Reference Librarian at the University of Michigan Law Library. Other popular posts include "Freedom of the Seas: Bibliography" (23 Oct. 2009), compiled by Edward Gordon as part of the exhibit, "Freedom of the Seas, 1609: Grotius and the Emergence of International Law," with 3,072 views, and "Capturing dealer descriptions in our online catalog" (21 Apr. 2012), with 2,549 views.

The Yale Law Library Rare Books Blog is a collaborative venture. I have been blessed with many outstanding contributors the past five years. They are:

William E. Butler
Dennis Curtis
Edward Gordon
Farley P. Katz
Seth Quidachay-Swan
Judith Resnik
Sabrina Sondhi
Alison Tait
Michael von der Linn
Benjamin Yousey-Hindes
Mark Zaid
Justin Zaremby

A number of colleagues in the blogosphere have kindly drawn attention to the Yale Law Library Rare Books Blog over the years. I am a big fan of all of them and heartily recommend them. Thanks to:

Edinburgh Legal History Blog (John Cairns & Paul du Plessis)
Legal History Blog (Dan Ernst et al.)
iurisdictio-lex malacitana (José Calvo González)
Philobiblos (Jeremy Dibbell)
Rechtsgeschiedenis Blog (Otto Vervaart)
Worlds of Law (Mark Weiner)

Thanks also to my colleague Jason Eiseman, head of Technology Services, for his technical support and advice.

Thanks most of all to you, my readers. I welcome suggestions and comments. You can email me at <mike.widener[at]yale.edu>.

MIKE WIDENER
Rare Book Librarian

The image: Woodcut initial from Nicolaus Pragemann, Commentatio iuridica de genuina notione servitutis praediorum urbanorum (Ienae: Heller, 1759).

Exhibit talk: "From Litchfield to Yale: Law Schools in Connecticut, 1782-1843"

Mike Widener — Fri, 22 Mar 2013 19:31:00 GMT

From Litchfield to Yale: Law Schools in Connecticut, 1782-1843
An exhibition talk
by Michael von der Linn

Connecticut gave birth to the earliest American law schools, one of which lives on today as the Yale Law School. A March 27 talk at the Yale Law School will delve into the school’s origins.

The speaker, Michael von der Linn, is guest curator of the Yale Law Library’s current exhibition, “From Litchfield to Yale: Law Schools in Connecticut, 1782-1843.” Since 2001, von der Linn has been Manager of the Antiquarian Book Department at The Lawbook Exchange, Ltd., one of the world’s leading dealers in antiquarian law books. He holds a Ph.D. in musicology from Columbia University. Von der Linn has an ongoing interest in the history of American legal education. The Summer 2010 issue of The Green Bag included his article, “Harvard Law School’s Promotional Literature, 1829-1848.”

The talk, entitled “From Litchfield to Yale: Footnotes to the Exhibit,” takes place at 2pm on Wednesday, March 27, in Room 122 of the Sterling Law Building (127 Wall Street) on the Yale University campus. The talk is free and open to the public.

The exhibition is open to the public, 9am-10pm daily through May 31, in the Rare Book Exhibition Gallery of the Lillian Goldman Law Library. It was curated by Michael von der Linn and Mike Widener, the Law Library’s Rare Book Librarian. It can also be viewed online here in the Yale Law Library Rare Books Blog.

Basil Restaurant: A Pan-Asian Paradise

Sue — Mon, 18 Mar 2013 19:50:00 GMT

I’ll cut to the chase. Here’s what I love about the food at Basil Restaurant: it’s fast, it’s cheap, it’s tasty, and it’s diverse. For the law student on a budget, you really can’t ask for much more.

Basil is a relative newcomer to the well-established Asian food scene in New Haven, but it is, at least in my opinion, a welcome addition. Let’s be clear – we’re not talking about fine dining here. If you’re looking for a more upscale or gourmet place to enjoy Chinese, Japanese, Thai, or Malaysian cuisine, you should head to one of the pricier restaurants in the Have (e.g., Kudeta, Miso, and Bentara). But we’re also not talking about some greasy spoon with food that would only pass as edible when you’ve got $5 in your pocket and a bad case of the 2am munchies. Basil hits the sweet spot of providing an insanely wide array of perfectly delicious, fresh food at affordable prices in a clean and neat environment.

Let’s start with the menu, which shows why Basil is truly a Pan-Asian paradise with something for everyone. There are over 180 items on Basil’s menu, which spans the cuisines of China, Japan, Indonesia, Thailand, and Malaysia. Entrée categories range from stir-fried noodles and chow fun to yaki udon to Thai-style curries to noodle soups to a variety of specials and dishes served over rice. Almost everything can be made with your choice of noodle (chow fun, rice noodle, Cantonese noodle, lo mein, udon, wide egg noodle, or glass noodle), rice (white or brown), or protein (tofu, chicken, beef, pork, or shrimp), allowing for seemingly endless combinations. And most entrees are moderately priced between $4.50 and $7.95, with the average entrée coming in at around $6.50. Specials like the beef rendang casserole or the ½ roast duck are the priciest items on the menu and will set you back $13.95.

What I love most about Basil is the selection of appetizers – scallion pancake, steamed or pan-fried dumplings, pork shumai, turnip cake, vegetable spring rolls, chicken satay, and (my personal favorite!) roti canai, among others. Grab a few friends and order a few of these small plates, from $2.95 to $5.50, and you’ve got a great weekend dim sum experience.

And of course, to round out the menu, in addition to staples like Thai iced tea and coffee (also moderately priced at $1.95), Basil offers 23 different kinds of boba tea, from the milky to the fruity, at $2.95 each, with the option to add toppings such as yogurt popping boba, mixed fruit jelly, or coffee jelly for an extra $0.50.

On my most recent visit to Basil, I started off with the roast pork bun appetizer (a pair of buns for $3.25) and, given the name of the restaurant, I thought it only appropriate to order the basil chicken (with brown rice) for my entrée.

The food at Basil always comes out fast and piping hot, and this visit was no exception. My pork buns came out steaming hot in their little metal steam basket – too hot to handle, actually, and it took some serious willpower to wait for them to cool down enough for me to grab and open them up. Fortunately, it was worth the wait. The pork buns were white and plump and pillowy, with a slightly chewy exterior and a super soft and doughy interior. They were filled with a modest amount of sweet, tender, bbq roast pork – we’re not talking bursting at the seams with filling here, just the right amount to complement the bun (which had a great, almost buttery flavor) but not overshadow it. My kind of comfort food.

As I was savoring the last few bites of my first pork bun, a steaming plate of basil chicken with a mound of brown rice appeared before me. Thin slices of white meat chicken, carrots, broccoli, mushrooms, and onions – all nicely seared and caramelized – came together with sweet, minty Thai basil in a savory sauce. The ingredients were fresh, the vegetables weren’t cooked to death and still maintained their color and crispness, and the dish wasn’t greasy or drowning in sauce, as is often the case at cheap noodle houses.

With my entrée costing just $6.50, my total with tax came to a mere $10.37. And with Basil’s generous portions and my limited stomach capacity, I even had a decent amount left over for my next meal. WIN.

Some of the other appetizers I’d recommend at Basil are the roti canai (a must-order!) and the scallion pancake. Roti canai is a circular Indonesian/Malasian flatbread that is usually made with ghee (clarified butter), brushed with oil and then grilled on a flat top and served with a curry dipping sauce. Basil’s roti canai – the most affordable appetizer at $2.95 – is hot, flaky, and buttery, and the coconot curry sauce is mildly spicy with delicious, small chunks of potato. It’s so good, you’ll want to skip the sharing and have one all to yourself.

The scallion pancake ($3.50), served with a soy dipping sauce, is another cheap but very satisfying appetizer. Basil’s version is super crispy on the outside with layers of chewy goodness on the inside and a delicate onion flavor throughout.

On the entrée side, my husband, a spice fanatic, has enjoyed the curry tofu noodle soup ($5.95) – a deep cauldron of spicy red broth infused with lemongrass and overflowing with chunks of fried tofu, bok choy, broccoli, and your choice of noodles (his preference: glass noodle).

For those with a less adventurous palate, try the shredded pork yaki udon ($6.95) – a heaping skillet of thick udon noodles stir-fried with thin slices of lean pork, cabbage, carrot, and scallions in a light sauce that’s slightly sweet and salty.

So when you and your law school crew are craving Asian but can’t decide on Chinese, Japanese, Thai, or Malaysian, or if you’re just looking for a super quick, hot, and tasty meal between classes, head to Basil just a few blocks from the Law School. Your wallet (and your palate) will thank you!

[Scholarship] New Articles on Administrative Law & Regulation (11th installment)

akis.psygkas — Tue, 12 Mar 2013 03:06:00 GMT

Accountability & Decision-making Processes

Christopher R. Yukins & Jose A. Cora, Feature Comment: Considering the Effects of Public Procurement Regulations on Competitive Markets (March 2013) [SSRN]

Robin Kundis Craig & J. B. Ruhl, Designing Administrative Law for Adaptive Management (February 2013) [SSRN]

Judicial Review

Jonathan H. Adler, City of Arlington v. FCC: Questioning Agency Authority to Determine the Scope of Its Own Authority (February 2013) [SSRN]

Executive Department

William R. Casto, Advising Presidents: Robert H. Jackson and the Problem of Dirty Hands (February 2013) [SSRN]

Legislation/Statutory Interpretation

Daniel A. Crane, Enacted Legislative Findings and the Deference Problem (February 2013) [SSRN]

Modes of Governance and Regulation

David Levi-Faur, The Odyssey of the Regulatory State: From a 'Thin' Monomorphic Concept to a 'Thick' and Polymorphic Concept (March 2013) [SSRN]

Cass R. Sunstein, Nudges.gov: Behavioral Economics and Regulation (February 2013) [SSRN]

Barak Orbach, What is Government Failure? (February 2013) [SSRN]

Maria Barroso Gomes, Administrative Adjudication in Antitrust: Still a Controversy? An Annotated Bibliography (February 2013) [SSRN]

Rafael I. Pardo & Kathryn A. Watts, The Structural Exceptionalism of Bankruptcy Administration, 60 UCLA L. Rev. 384 (2012) [Westlaw]

Public Administration

Lene Holm Pedersen, Committed to the Public Interest? Motivation and Behavioural Outcomes Among Local Councillors, in: Public Administration (March 2013) [Wiley]

Moshe Maor, Theories of Bureaucratic Reputation (January 2013) [SSRN]

Francis Fukuyama, What is Governance? (January 2013) [SSRN]

The Public/Private Divide

Judith Resnik, Globalization(s), Privatization(s), Constitutionalization, and Statization: Icons an Experiences of Sovereignty in the 21st Century (February 2013) [SSRN]

Jeroen Van der Heijden, Privatization of Building Code Enforcement: A Comparative Study of Regimes in Australia and Canada (January 2013) [SSRN]

Manuel J. De Vera, Philamer C. Torio, Michael O. Timbang & Charles Siriban, Asian Public-Private Partnerships: An Overview of Trends and Innovations (January 2013) [SSRN]

Matthew Titolo, Leasing Sovereignty: On State Infrastructure Contracts, 47 U. Rich. L. Rev. 631 (2013) [Westlaw]

Zoe Radnor & Stephen P. Osborne, Lean: A failed theory for public services?, 15 Public Management Review 265 (2013) [Taylor & Francis Online]

Environmental Law & Regulation

Alexandra B. Klass, Climate Change and the Convergence of Environmental and Energy Law (February 2013) [SSRN]

4th Annual Morris L. Cohen Student Essay Competition

Mike Widener — Mon, 04 Mar 2013 23:22:00 GMT

The Legal History and Rare Books Section (LH&RB) of the American Association of Law Libraries, in cooperation with Cengage Learning, announces the Fourth annual Morris L. Cohen Student Essay Competition.

The competition is named in honor of Morris L. Cohen, late Professor Emeritus of Law at Yale Law School. Professor Cohen was a leading scholar in the fields of legal research, rare books, and historical bibliography.

The purpose of the competition is to encourage scholarship in the areas of legal history, rare law books, and legal archives, and to acquaint students with the American Association of Law Libraries (AALL) and law librarianship.

Eligibility: Students currently enrolled in accredited graduate programs in library science, law, history, or related fields are eligible to enter the competition. Both full- and part-time students are eligible. Membership in AALL is not required.

Requirements: Essays may be on any topic related to legal history, rare law books, or legal archives. The entry form and instructions are available at the LH&RB website: http://www.aallnet.org/sis/lhrb/. Entries must be submitted by 11:59 p.m., April 1, 2013.

Awards: The winner will receive a $500.00 prize from Cengage Learning and up to $1,000 for expenses associated with attendance at the AALL Annual Meeting. The runner-up will have the opportunity to publish the second-place essay in LH&RB's online scholarly journal Unbound: An Annual Review of Legal History and Rare Books.

Please direct questions to Robert Mead at <libram@nmcourts.gov> or Maguerite Most at <most@law.duke.edu>.

[Scholarship] New Articles on Administrative Law & Regulation (10th installment)

akis.psygkas — Wed, 27 Feb 2013 01:26:00 GMT

Accountability & Decision-making Processes

Susan Rose-Ackerman & Thomas Perroud, Policymaking and Public Law in France: Public Participation, Agency Independence, and Impact Assessment (February 2013) [SSRN]

Aziz Z. Huq, Removal As A Political Question, 65 Stan. L. Rev. 1 (2013) [Westlaw]

Cary Coglianese, Enhancing Public Access to Online Rulemaking Information (February 2013) [SSRN]

Michael D. Sant'Ambrogio & Adam S. Zimmerman, The Agency Class Action, 112 Colum. L. Rev. 1992 (2012) [Westlaw]

Barry Sullivan, FOIA and the First Amendment: Representative Democracy and the People's Elusive "Right to Know", 72 Md. L. Rev. 1 (2012) [Westlaw]

Mireille Van Eechoud & Katleen Janssen, Rights of Access to Public Sector Information (November 2012) [SSRN]

Kenneth A. Bamberger & Deirdre K. Mulligan, PIA Requirements and Privacy Decision-Making in US Government Agencies (2012) [SSRN]

Judicial Review

Eric Berger, Deference Determinations and Stealth Constitutional Decision Making, 98 Iowa L. Rev. 465 (2013) [Westlaw]

Rob Robinson, Executive Branch Socialization and Deference on the U.S. Supreme Court, 46 Law & Soc'y Rev. 889 (2012) [Westlaw]

Legislation/Statutory Interpretation

Abbe R. Gluck, The Federal Common Law of Statutory Interpretation: Erie for the Age of Statutes, 54 Wm. & Mary L. Rev. 753 (2013) [Westlaw]

Modes of Governance and Regulation

Lisa Heinzerling, Undue Process at the FDA (January 2013) [SSRN]

Jacob E. Gersen & Adrian Vermeule, Delegating to Enemies, 112 Colum. L. Rev. 2193 (2012) [Westlaw]

Lance Gable, Evading Emergency: Strengthening Emergency Responses Through Integrated Pluralistic Governance, 91 Or. L. Rev. 375 (2012) [Westlaw]

John Bronsteen, Christopher J. Buccafusco & Jonathan S. Masur, Well-Being Analysis vs. Cost-Benefit Analysis (2012) [SSRN]

Kristian Krieger, The limits and variety of risk-based governance: The case of flood management in Germany and England, in: Regulation & Governance (December 2012) [Wiley]

Eric Windholz & Graeme Hodge, Conceptualising Social and Economic Regulation: Implications for Modern Regulators and Regulatory Activity (2012) [SSRN]

Mehmet Ugur, Governance, Regulation and Innovation: Introducing New Studies (December 2012) [SSRN]

Public Administration

Koen P.R. Bartels, Public Encounters: The History and Future of Face-to-Face Contact Between Public Professionals and Citizens, in: Public Administration (Feb. 2013) [Wiley]

Lars G. Tummers, Sebastian Jilke & Steven Van de Walle, Citizens in Charge? Reviewing the Background and Value of Introducing Choice and Competition in Public Services (February 2013) [SSRN]

Thomas Perroud, Local Governments and the Provision of Public Service in France and the United Kingdom (February 2013) [SSRN]

Joan Font & Clemente Navarro, Personal Experience and the Evaluation of Participatory Instruments in Spanish Cities, in: Public Administration (Feb. 2013) [Wiley]

Eungkyoon Lee, Raul P. Lejano & Robert J. Connelly, Regulation-by-information in areas of limited statehood: Lessons from the Philippines' environmental regulation, in: Regulation & Governance (January 2013) [Wiley]

The Public/Private Divide

Peter L. Strauss, Private Standards Organizations and Public Law (December 2012) [SSRN]

Environmental Law & Regulation

Daniel A. Farber, Climate Policy in a System of Divided Powers: Dealing with Carbon Leakage and Regulatory Linkage (January 2013) [SSRN]

Michael Burger, Fracking and Federalism Choice: In Response to David B. Spence, Federalism, Regulatory Lags, and the Political Economy of Energy Production (December 2012) [SSRN]

Financial Regulation

Kevin L. Young & Sung Ho Park, Regulatory Opportunism: Cross-National Patterns in National Banking Regulatory Responses Following the Global Financial Crisis, in: Public Administration (Feb. 2013) [Wiley]

Brett McDonnell, Dampening Financial Regulatory Cycles (February 2013) [SSRN]

Daniel Gluch, Lucia Skovranova & Mikael Stenstrom, Central Bank Involvement in Macro-Prudential Oversight (December 2012) [SSRN]

Global Regulation/ Global Governance

Stavros Gadinis, The Financial Stability Board: The New Politics of International Financial Regulation (February 2013) [SSRN]

Paint the Town Red (or Green, or Blue...)

Sue — Fri, 22 Feb 2013 19:47:00 GMT

A few weeks ago, I mentioned (with great trepidation) that Asha and I would be taking a BYOB painting class together. Well, we did it. And it was pretty freaking awesome.

Here's the backstory: this past fall, Asha found a Groupon deal for a three-hour BYOB art class at Art Plus Studio (f.k.a. “Art with a Twist”), conveniently located just four and a half blocks from the Law School. Seeing as how I am (1) a teetotaler and (2) a terrible artist, I couldn't imagine anything more up my alley. Well, it turned out to be one of the coolest and most fun things I've ever done in New Haven, and I can't wait to go again.

Art Plus Studio is run by an absolutely lovely woman named Bella Zadore (even her name is lovely, isn't it?). Bella is a professionally trained artist from Brazil who came to the U.S. eleven years ago. She worked for many years as a free-lance artist specializing in city murals with a particular focus on cartoon art. Her murals can be found across Connecticut, in cities like New Haven, West Haven, and Hartford.

Just a few months ago, in May 2012, Bella opened Art Plus Studio as a way to share and combine two of her great loves: painting and wine. The idea developed after Bella began organizing get-togethers with her friends where they would all paint (with the help of step-by-step instructions from Bella) while sharing food and wine. Soon Bella's friends were asking her why she wasn't doing the same for more people. So Bella got together with daily deal companies Groupon and Living Social and soon found herself with 800 interested customers – among them, two adventurous admissions officers from Yale Law School.

Here's how it works: Art Plus Studio offers evening BYOB painting classes for adults several nights a week. Classes for kids and families are offered occasionally on Saturday and Sunday afternoons. Each class has a featured painting that participants will try to replicate (with their own personal spin, of course), so check out the monthly calendar and select your class based on which piece of art you'd like to paint and take home. There's a wide array of subjects to choose from, including monuments, scenes from nature, and famous pieces by the likes of Monet, Van Gogh, Kandinsky, and Dali. The calendar also includes some fun theme sessions like Girls Night Out (where the featured painting is of something ridiculously girly, like six-inch hot pink stilettos), Couples & BFFs Face-to-Face Picasso-Style Portrait Painting, Paint a Picture of Your Pet, and Unleash Your Warhol (where the featured painting is – what else? – a can of Campbell's tomato soup).

Here's the featured painting from the session that Asha and I attended. It's aptly called “Tree and Birds”:

Without a daily deal voucher, classes cost $35/person for a 2.5-hour session (longer sessions are available at an additional charge) that includes all necessary supplies: a canvas, an easel, acrylic paint, brushes of various shapes and sizes, aprons, and hair dryers. Our Groupon included an 11”x14” canvas, with the option to upsize to a 16”x20” for $5 more. As you can see in the photos at the end of this post, Asha chose the latter while I stuck with the former.

Absolutely no painting experience is required (it's true!) because the instructor will guide you step-by-step through everything you need to do to reproduce the featured artwork – right down to telling you which brush to use for each component of the painting. All you have to do is show up in some frumpy clothes with your favorite beverage (adult or otherwise) and snacks. It also helps to set some low standards for yourself – though perhaps the BYOB part is supposed to take care of that . . . .

The painting stations are set up in clusters of four, so you can sit together with your friends. Asha and I chose to sit next to, rather than across from, each other so we could keep an eye on each other's progress and provide moral support as needed. We put on our aprons, spread our drinks and snacks out on the table, and we were ready to go.

Step one: Paint the entire canvas blue using the largest brush and a mix of blue and white paint. Simple, right? Well, as Asha and I both found out, covering an entire canvas in a single color is not as easy as it sounds. What a workout! I found myself wishing I had done a few more pushups and bicep curls the day before.

Step two: Paint three straight bands of equal width across the bottom of the canvas to create the ground. Check. This is where being an anal-retentive-risk-averse-perfectionist lawyer really pays off. Asha and I both received praise for how straight and uniform our lines were. Shoutout to my Tiger Mom for teaching me well!

Step three: Using (eek!) black paint, draw the tree trunk in the center of the canvas, a little wider at the base and narrower towards the top, and then add individual branches of different sizes radiating from the trunk. This is where being an anal-retentive-risk-averse-perfectionist lawyer is a liability. Black paint? This class just got real. Both Asha and I were terrified to put our brushes to the canvas, afraid of making a mistake and screwing up our entire paintings with one errant brush stroke. The only thing that compelled me to dive in with the black paint was the fear of falling behind in the class. (Go figure!)

Step four: Paint three different kinds of flowers – each demonstrated by Rebecca, our instructor – all around the tree branches using whatever colors we liked. Time for everyone to unleash their creativity. Or in my case, continue to paint conservatively with total fear of failure.

Step five: Connect the flowers to the branches with brush strokes that become narrower closer to the flowers. This I could handle.

Step six: Paint three birds – again, demonstrated in great detail by Rebecca – standing around the tree. I'm actually pretty happy with how my birds turned out. All props go to Rebecca for breaking it down into very manageable steps (i.e., first make a circle, then attach a football-shape to it, then add a smaller football in a different color on top, etc.).

Step seven: Add leaves around the tree wherever we thought they'd look good. I kind of went to town with these, but I felt like my tree needed them.

Step eight: Sign our masterpieces with a Sharpie and then walk around and check out everyone else's interpretation of “Tree and Birds.” This was the coolest part of the evening – seeing so many different renditions of the same painting. Here's what Asha and I ultimately created:

We had an absolute blast, and now I have a new piece of art hanging in my office to remind me that spring is on its way.

Art Plus Studio is a great place to spend an evening or a weekend afternoon with your friends, small group, significant other, or (for YLS students with children) family. Asha and I found the painting class to be incredibly relaxing and therapeutic (once we let go of our unachievable standards), so sign up for a class to de-stress from the YLS exam period or to take a break from the SAW that's been driving you crazy.

And while you're at the studio, make sure to check out the funny way they identify the ladies' and men's restrooms. I'd post the pictures that I took, but they're not the most blog-appropriate . . . . More incentive for you to try out a class and support a fantastic new local business!

I Get By With a Little Help from My Friends (in the Financial Aid Office)

craigj — Tue, 19 Feb 2013 12:46:00 GMT

Unless you have been living in a cave for the past few years (feel free to write your personal statement about the experience if you have), you have probably read at least one of the several hundred articles, op-eds, and blog posts written about the implosion of the legal job market and law school "scam." In case you have managed to miss the weekly proclamations of lawmagedon in The New York Times, the gist of most of these pieces is that choosing to go to law school is a financial decision akin to using your checking account and credit card to secure that princely inheritance waiting for you at a bank in Nigeria.

Those of us in the Admissions Office do not believe the end is nigh for the prospects of lawyers entering the job market, particularly our graduates; we wouldn't be in this line of work if we did. However, the realities of the current legal job market have served to underscore the magnitude of the financial impact of attending law school and highlighted the importance of being a savvy financial aid consumer. After three years and $100,000+ in non-dischargeable debt, you do not want to find yourself in a position where you regret your decision to attend law school.

Key to helping our prospective students, current students, and alumni understand and cope with the financial realities of attending law school is the YLS Financial Aid Office. When the Office isn't busy handing out piles of free money through our need-based scholarships, summer public interest funding, and loan repayment assistance, their time is spent addressing the distinct needs and questions of these three groups.

Prospective Students

Is this scholarship offer from another school as good as it appears to be? Should I be afraid to take on all of this debt? How do I apply for loans? How much is this $3,000 laptop going to cost me in the end?

With the proliferation of full-tuition merit scholarships and "loan-free" financial aid policies at top undergraduate schools, many prospective YLS students are encountering educational loans for the first time. Our Financial Aid Office educates prospective students on the general loan process and loan terminology. The Office also helps prospective students understand their YLS aid offers and gives them guidance and advice on how to compare their YLS offers to offers they may have at other schools. If a prospective student decides to come to YLS, our Financial Aid Office walks students through the financial aid process step-by-step, helps them understand the different types of loan products available, and advises them on how much money they should be borrowing to meet their needs in the coming academic year.

Current Students

I'm getting bombarded with offers from lenders, what are my best options? Can you help me budget? Can I borrow more money? How do I repay my loans if I decided to clerk?

Given YLS's relatively small size, the Financial Aid Office has the ability to work with current students on a very individualized basis to develop both short-term (living on a budget while in school) and long-term (multiyear loan repayment) plans. Resources offered to current students include assistance with applying for outside scholarships, advice on budgeting and making the most of loan and scholarship dollars, and help calculating what impact summer employment and other life events may have on their financial aid packages.

This academic year, the Financial Aid Office introduced a popular Financial Literacy Lunch Series. The Series includes interactive workshops on a variety of financial management topics presented by experts in the field. Programs targeted at first- and second-year students focus on effective budgeting, strategies to minimize loan borrowing, and the benefits of maintaining good credit. Workshops for third-year students assist with their transition from YLS with sessions focused on choosing the right federal loan repayment plan specific to their needs, effective participation in our own loan repayment program, COAP, and an overview of "real world" finances (retirement, insurance, investment options).

Third-year students can also take advantage of comprehensive exit counseling sessions offered by the Financial Aid Office. In these sessions students' entire loan portfolios are reviewed, their projected loan payments under the various federal repayment plans are compared, and their estimated COAP support is graphed over a ten-year eligibility period. Third-year students can also take advantage of a complimentary consultation with a financial planner to discuss their broader fiscal strategies beyond their loan repayment.

Alumni

Can I re-enroll in COAP? I'm thinking about changing careers; what does this mean for my loans? How can I save for retirement, have children, and still repay my loans? Does this new federal repayment program make sense for me?

Our students' access to the resources of the Financial Aid Office doesn't end at their commencement ceremonies. Because of YLS's commitment to supporting our graduates' career paths through COAP, the Office naturally keeps in close contact with our alumni through COAP's ten-year eligibility period. Additionally, graduates are encouraged take advantage of the advice and support offered by our Financial Aid Office to discuss the effects of changes in life and financial circumstances on their loans.

Law school still makes sense for a lot people and our students have weathered the legal employment hellscape especially well. You just need to understand fully the financial responsibility you're taking on and equip yourself with the tools to navigate the financial realities of being a law student and lawyer. You can survive the lawpocalypse with a little help from your friends in the YLS Financial Aid Office.

[Scholarship] New Articles on Administrative Law & Regulation (9th installment)

akis.psygkas — Wed, 13 Feb 2013 18:59:00 GMT

Accountability & Decision-making Processes

Nina A. Mendelson, Should Mass Comments Count? (February 2013) [SSRN]

Kenneth J. Arrow et al., How Should Benefits and Costs Be Discounted in an Intergenerational Context? The Views of an Expert Panel (January 2013) [SSRN]

Yoon-Ho Alex Lee, An Options-Approach to Agency Rulemaking (January 2013) [SSRN]

Daniel R. Wilson, Administrative Procedure and Foreign Antibribery Enforcement: "Restoring Balance" Through Procedural Transparency, 36 Hastings Int'l & Comp. L. Rev. 289 (2013) [Westlaw]

Jillian Raines, Note. The Digital Accountability and Transparency Act of 2011 (Data): Using Open Data Principles to Revamp Spending Transparency Legislation, 57 N.Y.L. Sch. L. Rev. 313 (2013) [Westlaw]

Judicial Review

Mark Seidenfeld, The Irrelevance of Politics for Arbitrary and Capricious Review, 90 Wash. U.L. Rev. 141 (2012) [Westlaw]

Executive Department

Jennifer Nou, Agency Self-Insulation Under Presidential Review (January 2013) [SSRN]

Arpit K. Garg, A Deference Theory of Section 5 of the Voting Rights Act [SSRN]

Parker Rider-Longmaid, Take Care That the Laws Be Faithfully Litigated, 161 U. Pa. L. Rev. 291 (2012) [Westlaw]

Legislation/Statutory Interpretation

Edward J. Larson, The Constitutionality of Lame-Duck Lawmaking: The Text, History, Intent, and Original Meaning of the Twentieth Amendment, 2012 Utah L. Rev. 707 (2012) [Westlaw]

Aaron-Andrew P. Bruhl & Ethan J. Leib, Elected Judges and Statutory Interpretation, 79 U. Chi. L. Rev. 1215 (2012) [Westlaw]

Modes of Governance and Regulation

Nicolas Petit, New Challenges for 21st Century Competition Authorities (January 2013) [SSRN]

John O. McGinnis, Accelerating Democracy: Transforming Government through Technology (January 2013) [SSRN]

Jeroen Van der Heijden, Looking Forward and Sideways: Trajectories of New Governance Theory (January 2013) [SSRN]

Maarten Keune & Colin Crouch, The Governance of Economic Uncertainty: Beyond the ‘New Social Risks' Analysis (February 2013) [SSRN]

Jette Steen Knudsen & Dana Brown, Why Governments Intervene: Mixed Motives for Public Policies on CSR (December 2012) [SSRN]

Public Administration

Benedict S. Jimenez, Management Quality and State Bond Ratings: Exploring the Links between Public Management and Fiscal Outcomes (January 2013) [SSRN]

Liliana Nikolaevna Proskuryakova, Gulnara Abdrakhmanova & Hans Pitlik, Public Sector E-Innovations: E-Government and Its Impact on Corruption (January 2013) [SSRN]

The Public/Private Divide

Lauren Groth, Transforming Accountability: A Proposal for Reconsidering How Human Rights Obligations Are Applied to Private Military Security Firms, 35 Hastings Int'l & Comp. L. Rev. 29 (2012) [Westlaw]

Kristine A. Huskey, Accountability for Private Military and Security Contractors in the International Legal Regime (December 2012) [SSRN]

Oliver Von Hagen & Gabriela Alvarez, The Interplay of Public and Private Standards: Literature Review Series on the Impacts of Private Standards, Part III (January 2013) [SSRN]

Environmental Law & Regulation

John Copeland Nagle, The Clean Air Act and Scenic Landscapes (February 2013) [SSRN]

Gerald Korngold, Governmental Conservation Easements: A Means to Advance Efficiency, Freedom from Coercion, Flexibility, and Democracy (2012) [SSRN]

Financial Regulation

James R. Barth, Gerard Caprio Jr. & Ross Levine, Bank Regulation and Supervision in 180 Countries from 1999 to 2011 (January 2013) [SSRN]

Edward Greene & Elizabeth L. Broomfield, Promoting Risk Mitigation, Not Migration: A Comparative Analysis of Shadow Banking Reforms by the FSB, USA and EU (January 2013) [SSRN]

Global Regulation/ Global Governance

Ming-Sung Kuo, On the Constitutional Question in Global Governance: Global Administrative Law and the Conflicts-Law Approach in Comparison (February 2013) [SSRN]

Adi Ayal, Ronen Hareuveny & Oren Perez, Science, Politics and Transnational Regulation: Regulatory Scientific Institutions and the Dilemmas of Hybrid Authority (January 2013) [SSRN]

Papal resignations: the case of Celestine V

Mike Widener — Mon, 11 Feb 2013 16:47:00 GMT

The news of Pope Benedict XVI's resignation brings to mind an image from our rare book collection that illustrates a previous papal resignation, that of Pope Celestine V. Celestine appears together with his successor, Boniface VIII, in an image at the opening of a 1514 edition of the Liber Sextus: Sextus decretalium liber a Bonifacio. viij. in concilio Lugdunensi editus (Venice: Luca Antonio Giunta, 1514). The Liber Sextus formed part of the Corpus Juris Canonici ("The Body of Canon Law") that served as the foundation of canon law in the Catholic Church from the Middle Ages until 1917.

It is unsurprising to find images of Boniface VIII at the opening of the Liber Sextus, since he is the pope who ordered its compilation. It is surprising to find such unflattering images. The woodcut depicts two scenes from Boniface's life.

In the foreground, Boniface embraces a fox who pulls the papal tiara from the head of his predecessor, Celestine V. A dove over Celestine's head symbolizes the Holy Spirit conferring its blessing upon Celestine. In essence, the image repeats the accusation that Boniface tricked the saintly Celestine into resigning.

Celestine V had been a monk renowned for his piety and asceticism, who founded a strict branch of the Benedictines. A divided College of Cardinals elected him in July 1294 after having failed for over two years to elect one of their own. The new pope accepted his election reluctantly, and soon concluded that he was unfit and unwilling to continue to serve as pope. Some sources say Celestine's decision to resign was his alone, while others say Cardinal Benedetto Gaetani, the future Boniface VIII, goaded and tricked him into resigning. All agree that Boniface drafted the papal constitution authorizing a pope's resignation. Boniface was elected pope immediately afterward, in December 1294. Celestine tried to return to a hermit's life, but he died as Boniface's prisoner in 1296. Celestine was canonized in 1313.

Interestingly, Pope Benedict XVI visited Celestine's remains in 2009, after they had survived the L'Aquila earthquake (see photos here). He proclaimed the Celestine Year from 28 August 2009 to 28 August 2010, to mark the 800th anniversary of Celestine's birth.

On the right of the image shown here is a scene from the end of Boniface VIII's papacy, in 1303. He was taken prisoner by the powerful Colonna clan of Rome, with whom Boniface carried on a bitter and bloody feud. The Colonnas and their ally, King Philip IV of France, demanded Boniface's resignation, to which Boniface replied that he would "sooner die." His wish was granted a few days later. It was Philip IV who later nominated Celestine V for sainthood.

Both Boniface and Celestine make appearances in Dante Alighieri's Divine Comedy. Dante places Boniface in the eighth circle of Hell, reserved for those guilty of simony. Dante's exile from Florence was a direct result of Boniface VIII's political machinations, and Boniface was "Dante's most reviled theological, political, and personal enemy" (Danteworlds website, University of Texas at Austin). Celestine V is believed to be the coward beside the gate of Hell who made "the great refusal" by abdicating the papacy and paving the way for Boniface's election as pope.

For citations to scholarly writings on papal resignations in the Middle Ages, see "The first papal abdication since six centuries", a posting in the excellent Rechtsgeschiedenis Blog, "Legal history with a Dutch view." The Wikipedia articles on Celestine V and Boniface VIII provide additional details and links to additional sources.

-- MIKE WIDENER, Rare Book Librarian

Law Schools in Connecticut, 1782-1843: Acknowledgments

Mike Widener — Sun, 10 Feb 2013 02:46:00 GMT

We sincerely thank the following individuals for their help in making this exhibit possible.
-- Michael von der Linn & Michael Widener

Virginia Apple
State of Connecticut Judicial Branch

Whitney Bagnall

Kate Baldwin
Litchfield Historical Society

The Hon. Henry S. Cohn
Judge of the Connecticut Superior Court

Linda Hocking
Litchfield Historical Society

Shana Jackson
Lillian Goldman Law Library, Yale Law School

Mark Jones
Connecticut State Library

Debra R. Kroszner
Office of Public Affairs, Yale Law School

Bill Landis
Manuscripts & Archives, Yale University Library

Christine Pittsley
Connecticut State Library

Emma Molina Widener
Southern Connecticut State University

The image: Catalogue of the Litchfield Law School, from 1793 to 1827 inclusive (Litchfield, Conn.: S. S. Smith, 1828). Rare Book Collection, Lillian Goldman Law Library.

"From Litchfield to Yale: Law Schools in Connecticut, 1782-1843," curated by Michael von der Linn and Michael Widener, is on display through May 30, 2013, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

Law Schools in Connecticut, 1782-1843: Suggestions for Further Reading

Mike Widener — Sun, 10 Feb 2013 02:21:00 GMT

Baldwin, Simeon E. “Zephaniah Swift.” In Great American Lawyers (William Draper Lewis; ed.; Philadelphia: John C. Winston Company, 1907-1909).

Fisher, Samuel H. Litchfield Law School 1774-1833: Biographical Catalogue of Students. Yale Law Library Publications, no. 11. New Haven: Yale University Press, 1946.

Forgeus, Elizabeth. “An Early Connecticut Law School: Sylvester Gilbert’s School at Hebron.” 35 Law Library Journal 200-203 (1942).

Forgeus, Elizabeth. “Sylvester Gilbert’s Law School at Hebron, Connecticut: The Students.” 39 Law Library Journal 49-52 (1946).

Hicks, Frederick C. Yale Law School: The Founders and the Founders’ Collection. Yale Law Library Publications, no. 1. New Haven: Yale University Press, 1935.

Hoeflich, Michael H. Legal Publishing in Antebellum America. Cambridge: Cambridge University Press, 2010.

Klafter, Craig Evan. Reason Over Precedents: Origins of American Legal Thought. Westport, CT: Greenwood Press, 1993.

Klafter, Craig Evan. “The Americanization of Blackstone’s Commentaries.” In Essays on English Law and the American Experience (Elisabeth A. Cawthon & David E. Narrett, eds.; College Station: Texas A&M University Press, 1994).

Langbein, John H. “Blackstone, Litchfield, and Yale: The Founding of Yale Law School.” In A History of the Yale Law School: The Tercentennial Lectures (Anthony T. Kronman, ed.; New Haven: Yale University Press, 2004).

Langbein, John H. “Law School in a University: Yale’s Distinctive Path in the Later Nineteenth Century.” In A History of the Yale Law School: The Tercentennial Lectures (Anthony T. Kronman, ed.; New Haven: Yale University Press, 2004).

The Litchfield Ledger, <http://www.litchfieldhistoricalsociety.org/ledger>. A biographical database of students at the Litchfield Law School and Litchfield Female Academy, provided by the Litchfield Historical Society.

McKenna, Marian C. Tapping Reeve and the Litchfield Law School. New York: Oceana, 1986.

Reed, Alfred Zantzigner. Training for the Public Profession of the Law: Historical Development and Principal Contemporary Problems of Legal Education in the United States, with Some Account of Conditions in England and Canada. New York: Charles Scribners’s Sons, 1921.

White, G. Edward. “Law and Entrepreneurship.” In White, Law in American History, Volume 1: From the Colonial Years Through the Civil War (New York: Oxford University Press, 2012).

The image: Zephaniah Swift, A System of the Laws of the State of Connecticut, vol. 1 (Windham: Printed by John Byrne, for the author, 1795-1796). Ownership signature of Samuel W. Southmayd (1773-1813), a student at the Litchfield Law School in 1793. Rare Book Collection, Lillian Goldman Law Library.

Law Schools in Connecticut, 1782-1843: From Four to One

Mike Widener — Sun, 10 Feb 2013 02:16:00 GMT

Affiliation with Yale helped to insure the continuity of Hitchcock and Daggett’s school. The others did not survive. Gilbert closed his school in Hebron around 1818. We’re not sure why, but he was probably responding to a combination of professional obligations, including his term in the U.S. Congress in 1818-1820, and advancing age. The Windham school ended with Swift’s death in 1823; ill health and declining enrollments led Gould to close the Litchfield Law School in 1833. From then, Yale remained the only law school in the state until the establishment of the University of Connecticut Law School in 1921.

Yale College diploma, 1852 July 1, awarding William Thomas Marsh the degree of Bachelor of Laws. [Image cropped.] Rare Book Collection, Lillian Goldman Law Library.

An early example of a Yale Law School diploma. A North Carolinian, William T. Marsh (1830-1862) graduated with honors, returned home, and became a distinguished member of the North Carolina bar. In 1860 he represented Beaufort County in the state House of Representatives. Though he opposed secession, he chose to serve his state when it joined the Confederacy. In 1861 he became an officer in a local militia regiment, the Pamlico Rifles, and was fatally wounded during the Battle of Antietam.

-- Notes by Michael von der Linn

Law Schools in Connecticut, 1782-1843: Yale Law School

Mike Widener — Sun, 10 Feb 2013 01:54:00 GMT

A handful of college and college-affiliated law schools existed in the early decades of the nineteenth century. The College of William & Mary established a law department in 1790, which granted America’s first LL.B. in 1793. Others schools followed, such as Transylvania University (1799-1861), Harvard University (1817), and the University of Virginia (1826).

Although some have proposed earlier dates, it is generally agreed that the New Haven Law School was joined to Yale College in 1826. Existing records do not explain the reasons for this union, but we can point to a few possibilities. In the early nineteenth century American colleges were beginning to evolve into universities by establishing or acquiring professional schools. Elite lawyers, many of them members of college corporations, encouraged the creation of college-based law schools.

Finally, the New Haven Law School was an attractive bargain; it was a successful, self-financed, self-managed school with a fine library and a distinguished faculty. And it was available to Yale for nothing more than the prestige conferred by its name. On their part, Hitchcock and Daggett probably viewed their school’s union with their prestigious alma mater as a way to raise its profile and compete with other prestigious schools, Harvard especially.

Catalogue of the Officers and Students in Yale College (Nov. 1826). [Image cropped.] Rare Book Collection, Lillian Goldman Law Library.

Yale’s 1826 Catalogue marked the re-birth of the New Haven Law School as Yale Law School, a peer institution of the “Theological Department,” founded in 1822, and the “Medical Institution,” founded in 1813. Daggett was appointed to the Yale College faculty as “Professor of Law” in 1826, another factor that joined the two schools. He was granted an LL.D the same year. Hitchcock received a courtesy title of instructor in the college in 1830 and an LL.D in 1842.

Aholiab Johnson (1799-1893), Account book, 1825-1840. Rare Book Collection, Lillian Goldman Law Library. Gift of Lois S. Montbertrand, Law ’85.

Johnson’s account book records the cost of a year’s tuition at the New Haven Law School: “Due Hitchcock & Daggett for tuition use of Library &c from Dec. 1st 1824 to Dec. 1st 1825 - $75.00”. Johnson went on to practice law in Enfield, Connecticut for over 50 years. His obituary in the Connecticut Reports noted, "he had lived during all the lives of the presidents of the United States. He had been for a long time the oldest lawyer in the state."

Samuel J. Hitchcock, letter to Yale Corporation requesting permission to grant LL.B., 1842 Aug. 6. Yale University Corporation Records (RU 164, Accession 1993-A-083: box 2, folder 2). Courtesy Manuscripts & Archives, Yale University Library.

Hitchcock offers two reasons why Yale should confer the LL.B.: it would enable the law school to compete with other degree-conferring schools, especially Harvard, and it would “raise the standard of attainments” and “moral conduct” of the students. His second point reflects a larger effort among elite lawyers to expand the scope of legal education beyond preparation for the bar exam, which was the sole purpose of the proprietary schools.

Yale College Law School [circular]. New Haven, 1843 Sept. 1. [Image cropped.] Yale Law School Records (RU 449, Accession 1939-A-001: box 1, folder 6). Courtesy Manuscripts & Archives, Yale University Library.

Intended for enrolled and prospective students, the 1843 circular describes requirements for the LL.B. This text was also published as an advertisement in several nationally circulated journals. The law school’s enrollments increased after 1826, but it drew even more students after it became a degree-granting institution. By 1865 it had trained students from 31 states and territories and six foreign countries.

-- Notes by Michael von der Linn

Law Schools in Connecticut, 1782-1843: Americanizing the Common Law

Mike Widener — Sun, 10 Feb 2013 01:34:00 GMT

In Connecticut and elsewhere, instructors in the proprietary schools played a crucial and self-conscious role in the Americanization of the common law. Applying practical experience, political beliefs, and the ideology of the American Revolution, they revised it to suit local circumstances and showed where it was incorrect, obsolete, or irrelevant. This is especially evident in their reception of Blackstone’s Commentaries. On a fundamental level they helped to de-Anglicize the law by teaching the positive and case law of their state.

Instructors in the Connecticut schools played a dominant role in this process, training dozens of men who became influential lawyers, judges, legislators, and teachers. Litchfield’s alumni list, our largest and most distinguished example, includes two vice-presidents, 101 United States congressmen, twenty-eight United States senators, six cabinet members, three United States Supreme Court justices, fourteen governors, thirteen chief justices of state supreme courts, and seventeen members of the Connecticut House of Representatives. Reeve, Gould, and Swift’s widely circulated treatises, all published versions of their lectures, were equally influential.

Benjamin Pomeroy (1787-1855), Manuscript notes of lectures by Sylvester Gilbert at his Law School in Hebron, Connecticut (c. 1811). [Image cropped.] Rare Book Collection, Lillian Goldman Law Library.

Instructors in the Connecticut schools rejected Blackstone’s unquestioned reverence for the common law. As we see in this lecture by Gilbert, they often subjected his doctrines to counterexamples drawn from natural, civil, and Roman law.

Tapping Reeve, The Law of Baron and Femme (New-Haven: Oliver Steele, 1816). [Image cropped.] Ownership signature of Isaac Leavenworth (1791-1864), a student at the New Haven Law School in 1822. Rare Book Collection, Lillian Goldman Law Library.

The first American treatise on family law, Reeve’s Law of Baron and Femme is a restatement of Blackstone’s Commentaries, Book I, Chapters XIV-XVII. It rejects some of the fundamental doctrines of the common law, most notably coverture. As Blackstone puts it, “the husband and wife are one person in law; that is, the very being or legal existence of the woman is suspended during marriage.” Reeve says the opposite. Also a prescriptive work, Baron and Femme aimed to liberalize the American law of domestic relations, arguing, for example, that married women were permitted to make wills, a point contradicted by the contemporary statute and case law of Connecticut and several other states.

Zephaniah Swift, A Digest of the Laws of the State of Connecticut (New-Haven: Printed and published by S. Converse, 1822-1823).
[Image cropped.] Rare Book Collection, Lillian Goldman Law Library.

Zephaniah Swift’s System of the Laws of the State of Connecticut, the first original American legal treatise, was highly regarded throughout the United States. Published on a subscription basis, its subscribers included George Washington, John Adams, Aaron Burr, James Kent, James Madison and other notables. Structured in the manner of Blackstone’s Commentaries, it presented an overview of the common law of Connecticut, and the common law generally, based on local court decisions and legislation. Swift’s Digest, a more ambitious work, is a complete recasting of the Commentaries. Though it referred to Connecticut law, the Digest addressed American law generally and was intended for a national audience. Both works were deeply influential and are still cited today.

-- Notes by Michael von der Linn

Law Schools in Connecticut, 1782-1843: Blackstone

Mike Widener — Sun, 10 Feb 2013 01:11:00 GMT

Sir William Blackstone’s Commentaries on the Laws of England (1765-1769) was based on a course of undergraduate lectures that Blackstone delivered at Oxford University. Intended for future members of England’s ruling class, it was the first truly comprehensive synopsis of the common law and its underlying principles. Attractively written, it was soon adopted by aspiring lawyers on both sides of the Atlantic.

Blackstone’s Commentaries was especially popular in America. Members of the legal elite cited its origins to promote the establishment of law schools. Students used it for self-guided study or background reading. Instructors used it as a syllabus. In a letter to a prospective Yale law student dated Dec. 9, 1831, for example, Daggett says that “Blackstones Com. are the outlines & I endeavor to fill up certain of his topics such as mortgages, evidence, pleadings, contracts, equity &c. &c.”

Sir William Blackstone, Commentaries on the Laws of England, vol. 1 (Portland [Maine]: Thomas B. Wait, & Co., 1807). Armorial bookplate, “Doggett Daggett,” which is the family of Yale law professor David Daggett. William Blackstone Collection, Lillian Goldman Law Library.

Notebook of Charles Adams (1795-1821) from lectures of Tapping Reeve and James Gould at the Litchfield Law School, June-Aug. 1812. Rare Book Collection, Lillian Goldman Law Library.

The Connecticut law schools were devoted almost exclusively to private law, then the purview of elite lawyers, which is covered in the first three volumes. The first citation in the right margin, "1 B_ 426", is to Blackstone's Commentaries, volume 1, page 426.

-- Notes by Michael von der Linn

Law Schools in Connecticut, 1782-1843: The Textbook-Lecture Method

Mike Widener — Sun, 10 Feb 2013 01:04:00 GMT

In the first quarter of the nineteenth century law books became widely available at affordable prices, thanks to the growth of the American publishing industry and improved communications. Instruction shifted gradually to the textbook-lecture method. In this system, still used today, students are assigned a schedule of readings, asked to summarize their readings in class, and answer questions about them. From its founding, this was the method used at the New Haven Law School. It remained the dominant form of instruction in American law schools until the late nineteenth century, when it was gradually supplanted by the case method, which was introduced by Harvard Law School in the 1870s.

William Cruise, A Digest of the Laws of England Respecting Real Property (4th American ed.; New York: Collins and Hannay, 1834), vol. 2. Ownership signature of Samuel J. Hitchcock. Founders Collection, Lillian Goldman Law Library.

The library that Hitchcock assembled was used by students in the New Haven (later Yale) Law School. The titles owned in multiple copies, such as Blackstone’s Commentaries and Cruise’s Digest of Real Property, were those issued to students. The remnants of this library make up the Founders Collection. This volume of Cruise’s Digest, from the Founders Collection, indicates the dates of recitations under Hitchcock’s supervision.

-- Notes by Michael von der Linn