Author Archive | Einer Elhauge

Next year, Harvard Law School is going to introduce a new mandatory first-year course on Legislation and Regulation. I think this move is quite salutary. Most of the law that governs us is legislative and regulatory rather than judge-made, and it is useful to introduce this reality to law students early in their education. But […]

What accounts for the explosion in the law school market for making lateral hires from other law schools? Law schools have long attempted to hire legal scholars from other schools. But the degree of competition for top laterals has become remarkable. One indication is the huge number of law professors who will be visiting top […]

Well, my little piece on the death of doctrinalism (see below) seems to have excited a bit of attention over at Balkanization, drawing responses from my good friends (and even better scholars) Professors Tribe and Balkin. A few words in response: I think the main problem is definitional. I do not think Professors Tribe and […]

Doctrinalism is dead. One cannot get a job at a top law school nowadays as a doctrinal scholar. Or, to put it more precisely, you have to be ten times as good to get a job as a doctrinal scholar as to get one as an interdisciplinary scholar. And even then you cannot get hired […]

The book I have recently read that I think may offer the most insight into the future of legal studies is, of all things, a book on sabermetrics, called Baseball Between the Numbers. Sabermetrics, for those of you not into baseball, is the advanced statistical analysis of baseball. With Bill James as its most famous […]

I’m afraid the new Supreme Court case on antitrust conspiracies, Twombly, is quite insignificant, notwithstanding the view of the estimable Baseball Crank that it “will almost certainly be the most practically significant case of this term.” All the case holds is that bare allegations of a conspiracy and parallel conduct do not suffice without more […]

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