Friday, January 16, 2009

Marcus on the Puzzling Persistence of the Federal Rulemaking Process

Rick Marcus has published a symposium essay on why the federal rulemaking process -- long thought to be dying -- has not yet expired. Much of the pessimism "has resulted from academic dislike of certain constraints introduced in the last quarter century on the central Liberal Ethos of the 1930s revolution," he writes. Also, "federal rulemaking activity has important structural advantages that will not go away." Moreover, the recent episode of rulemaking activity related to E-Discovery shows that the process can still be innovative.

The essay is called "Not Dead Yet" and appears at 61 Okla. L. Rev. 299 (2008).

Monday, January 12, 2009

Bisharat on Israel's Retaliation

George Bisharat has published an op-ed headlined, "Israel Is Committing War Crimes," in the Wall Street Journal, available here: <>

Friday, January 9, 2009

Bisharat on the Crisis in Gaza

George Bisharat has been debating James Phillips in the online Los Angeles Times on the crisis in Gaza. The debate can be viewed here:,0,5714479.storygallery

Keitner Guest Blogging on

Chimene Keitner is guest blogging this month on Here is Dan Solove's introduction of Chimene:

Chimene's first post is about negotiation strategy, as taught to her by her three-year-old!

Monday, January 5, 2009

Leib on Punishing Family Status

Ethan Leib has published an article along with Jennifer Collins (Wake Forest) and Dan Markel (Florida State) called Punishing Family Status, 88 B. U. L. Rev. 1327 (2008), which appears here:

This article forms the basis of a mini-symposium, with responses by Mike O'Hear (Marquette) and Rick Hills (NYU), which appear here:

Ethan and his co-authors reply to these comments here:

These pieces are part of a book by Ethan and his co-authors, to be published by Oxford University Press in April 2009, called "Privilege or Punish: Criminal Justice and the Challenge of Family Ties," which can be preordered from Amazon here: