Just over thirty years ago, in a seminal trilogy of books, Joel Handler and his collaborators made three foundational contributions to the study of public interest lawyers. The first was theoretical, defining public interest law as a positive externality producing legal activity; the second was organizational, conceptualizing public interest law as an industry with multiple sectors that provided...
Essays in Honor of Joel F. Handler
For more than five decades, Joel Handler’s remarkable influence, range, and productivity have made him one of the world’s leading scholars of social welfare policy and administration, government bureaucracy, law and social change, and sociolegal theory. The excellence of his research has been recognized through such honors as his election to the American Academy of Arts and Sciences and the Law...
Professionalism and Matthew Shardlake
This Essay/Book Review examines the Matthew Shardlake series by C.J. Sansom. In particular, it examines the question of whether the sixteenth-century fictional lawyer Shardlake can serve as a role model for twenty-first-century lawyers, both in terms of his ethics and his professionalism. An examination of the Shardlake series as a whole yields some uncertain answers, both as to Shardlake and as...
Airspace in a Green Economy
The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. Unfortunately, a growing number of policies aimed at promoting sustainability disregard landowners’ airspace rights in ways that can cause airspace to be underutilized. This Article analyzes several land use conflicts emerging in the context of renewable...
A Minimalist Approach to State “Bankruptcy”
Increasingly finding themselves in fiscal straightjackets, states have been turning to austerity measures, tax increases, privatization of services, and renegotiation of collective bargaining agreements. Absent a federal government bailout, however, states will also need debt relief if their debt burden becomes so crushing that reasonable efforts at fiscal reform will fail to avoid default. Some...
The Irony of International Business Law: U.S. Progressivism and China’s New Laissez-Faire
As the financial crisis draws U.S. business overseas and developing countries rise in influence, the regulation of international business has never figured so prominently in federal law. But the dominant paradigm through which academics and policymakers continue to view that law—the so-called Washington Consensus—proves deeply misleading. A more accurate account of the components, origins, and...
The News Deal: How Price-Fixing and Collusion Can Save the Newspaper Industry—and Why Congress Should Promote It
Newspaper executives have been struggling for the past decade to slow the sharp and unprecedented decline of their industry. While no effort has worked, one promising business model would be to charge for access to online content. But only the rarest industry leaders have felt comfortable making the move to a paid-content model without industry-wide agreement, and such an agreement would be a per...
Qualified Immunity After Pearson v. Callahan
In Pearson v. Callahan, the U.S. Supreme Court altered the contours of the qualified immunity defense with the intention of changing when and how federal courts make constitutional law. Qualified immunity is the primary defense to constitutional torts against government officials. Before Pearson, courts were required to determine if an official had violated a constitutional right even when that...