First, this blog replaces my previous blog, thecosmoplitanlawyerblogspot.com . Second, unlike that earlier blog, the present one is primarily meant as a record of my readings. It is not meant to suggest that others will be or should be interested in what I read. And third, in a sense, it is a public diary of one who is an alien in his own American culture. A person who feels at home just about anywhere, except in his birthplace . . . America.
Saturday, March 31, 2012
BALANCE: "NOT SEEKING ONLY PLEASURE WITH A PASSION EXCESSIVE"
Friday, March 30, 2012
SUGGESTED FICTION
Elizabeth Taylor, A Game of Hide and Seek, with an Introduction by Caleb Crain (New York: New York Review Books, 1951, 2012) (from the bookjacket:"Harriet and Vesey meet when they are teenagers, and their love is as intense and instantaneous as it is innocent. But they are young. All life still lies ahead. Vesey heads off hopefully to pursue a career as an actor. Harriet marries and has a child, becoming a settled member of suburban society. And then Vesey returns, the worse for wear, and with him the love whose memory they have both sentimentally cherished, and even after so much has happened it cannot be denied. But things are not at all as they used to be. Love, it seems, is hardly designed to survive life.").
Thursday, March 29, 2012
IT IS THE LITTLE THINGS IN LIFE
Wednesday, March 28, 2012
DON'T TRY TO CHANGE THE SITUATION
Monday, March 26, 2012
NPD
Sunday, March 25, 2012
SELF-UNDERSTANDING
Saturday, March 24, 2012
SEARCHING "FOR MEANING AND FULFILLMENT BEYOND THE AMBIGUOUS FULFILLMENTS AND FRUSTRATIONS OF HISTORY"
Friday, March 23, 2012
CORE TEACHINGS OF BUDDHISM
Wednesday, March 21, 2012
"MAKE PREPARATIONS TO DEPART"
Monday, March 19, 2012
"MAY I BE FREE FROM ATTACHMENT AND AVERSION, BUT NOT BE INDIFFERENT."
Sunday, March 18, 2012
SUGGESTED FICTION
Saturday, March 17, 2012
EMBRACE THE SEED OF FEAR
Friday, March 16, 2012
SUGGESTED SUMMER (2012) READINGS FOR LAW STUDENTS; OR, A THIRTEEN CASEBOOKS OR (STUDENT) TREATISES I WOULD WORK MY WAY THROUGH WERE I A LAW STUDENT
Laura P. Hartman & Joe DesJardins, Business Ethics: Decision-Making for Personal Integrity and Social Responsibility (New York: McGraw-Hill, 2008) ("This textbook provides a comprehensive yet accessible introduction to the ethical issues arising in business. Students unfamiliar with ethics will find themselves as unprepared for careers in business as students who are unfamiliar with accounting and finance. It is fair to say that students will not be fully prepared, even within traditional disciplines such as accounting, finance, human resources management, marketing, and management, unless they are sufficiently knowledgeable about the ethical issues that arise specifically within those fields." "While other solid introductory textbooks are available, several major features make this book distinctive. We emphasize a decision-making approach to ethics and we provide strong pedagogical support for both teachers and students throughout the entire book. In addition, we bring both both of these strengths to students though a pragmatic discussion of issues with which they are already often familiar, thus approaching them through subjects that have already generated their interest." Id. vii. If you are going to be a business, commercial, or corporate lawyers, shouldn't you know the potential ethical issues facing your clients?).
Howell E. Jackson, Louis Kaplow, Steven M. Shavell, W. Kip Viscusi & David Cope, Analytical Methods for Lawyers, Second Edition (New York: Thomson Reuters/Foundation Press, 2011). (Decision Analysis, Game and Information, Contracting, Accounting, Finance, Microeconomics, Economic Analysis of Law, Fundamentals of Statistical Analysis, and Multivariate Statistics).
Emma Coleman Jordan & Angela P. Harris, Economic Justice: Race, Gender, Identity and Economics: Cases and Materials, Second Edition (New York/Foundation Press, 2005, 2011) ("We live in a society organized according to two master principles: capitalism and democracy. Although principles and their associated values, institutions, and norms are integral to American life, they often seem to exist in different worlds. Capitalism is often thought of as belonging to the 'private' sphere, whereas democracy belongs in the 'public' sphere. Capitalism is the business of business organizations and of economic analysis; democracy is the business of politicians and voters and of political analysis. Within the academy, a similar split seems to have created two cultures, like the ''two cultures' of science and the humanities of which C.P. Snow originally spoke. Economic analysis has developed a culture of scientific expertise in which developing testable hypotheses with mathematical rigor, constructing quantitative analysis, and making predictions are principal values. Although social scientists increasingly analyze democratic institutions in this way as well, discussions of democracy have more traditionally been the bailiwick of moral philosophers, and more recently critical theorists, who use the language of morality, justice, and the methodological tools associated with the humanities to pursue the 'ought' rather than the 'is.'" "The split obtains in legal scholarship as well. In the last few decades, the law and economics movement has had a tremendous impact on legal studies. Like its parent discipline economics, law and economics focuses on questions of transactional efficiency and tends to ignore questions of distribution or justice; it seeks to accurately describe how legal rules work (or don't work), and to the extent it is normative rather than descriptive, the assumed goal is greater efficiency. Traditional legal scholarship, however, has taken the pursuit of distributional justice, fairness, and democratic process as central to its analyses. In the last few decades critical legal scholarship has developed an even more openly moral discourse of justice, focused on the pursuit of equality. Traditional and critical scholars, however, have seldom ventured into the territory of efficiency or the systemic analysis of transactions, just as law and economics scholars have seldom ventured into the territory of fairness and equality. . . ." "The phrase 'economic justice' signals our aim: rather than maintaining the tacit assumption that 'justice' has nothing to do with economics and economics nothing to do with social justice, we hope to engage the two cultures with one another. What can economics tell us about democracy and the law? What can theories of justice tell us about economic theory and law? Why is there no legal language of 'class' in the United States, and what might one look like? Rather than asking students to specialize in one or the other discourse, as current legal pedagogy implicitly does, this casebook openly engages students in the project of learning from both discourses, and using each as a means to gain insights on the other. . . . " "In this casebook, we use the problem of racial and gender injustice as a vehicle for engaging both critical theory and economic theory. Just as race, gender, and class seem inextricably intertwined, economic and critical analysis both seem crucial to unraveling the knot of racial and gender inequality. Moreover, economic analysis and critical analysis may need to influence and be influenced by one another in order for a truly incisive and transformative dialogue about race and gender to emerge in the legal academy and in American society more generally." Id. at v-vi.).
Avery Wiener Katz, Foundations of The Economic Approach to Law (New Providence, NJ, & San Francisco, CA: LexisNexis, 2006).
John Monahan & Laurens Walker, Social Science in Law: Cases and Materials, Seventh Edition (New York: Thompson Reuters/Foundation Press, 2010) ("The purpose of the book should be clear at the outset: to apprise the reader of the actual and potential uses of social sciences in the American legal process and how those uses might be evaluated. We here view social science as an analytical tool in the law, familiarity with which will heighten the lawyer's professional effectiveness and sharpen the legal scholar's insights. The principal alternative to this 'inside' perspective on the relationship of social science to law is the 'law and society' or 'sociology of law' approach which seeks to understand the functioning of 'law' as a social system. [] In choosing an orientation from within the legal system rather than that of the law and society observer, we mean no disparagement of the latter. . . . " Id. at v.).Thursday, March 15, 2012
FOR THE PRESENT MOMENT, HOPE IS NOT ENOUGH.
Tuesday, March 13, 2012
MAITRI, KARUNA, MUDITA, UPEKSHA
Monday, March 12, 2012
MORAL METASKEPTICISM
Sunday, March 11, 2012
Saturday, March 10, 2012
FROM SAN DOMINGO TO HAITI
Laurent Dubois, Haiti, The Aftershocks of History (New York: Metropolitan Books, 2012) ("It's easy, in the abstract, to identify what makes for a successful democracy: a strong state, civil society, popular participation, an effective legal system. Many of these have in fact existed at one time or another in Haitian history. But the devastating combination of internal conflict and external intervention has stymied their consolidation into a network of sustainable and responsive political institutions. Remarkably, however, the history of repression has not snuffed out the Haitian struggle for dignity, equality, and autonomy. Haiti's people have steadfastly sustained the counter-plantation system that they created through their founding revolution and painstakingly anchored in the countryside over the course of the nineteenth century. Generation after generation, they have demonstrated their ability to resist, escape, and at times transform the oppressive regimes they have faced." Id. at 369.).