Faculty Podcast

Axel Honneth, “Three, Not Two, Concepts of Liberty”

Even for those among us who are not altogether convinced by Isaiah Berlin's famous essay "Two Concepts of Liberty," it has by now become commonplace to adopt a distinction between "negative" and "positive" liberties that largely coincides with the one he offered.

Participating faculty: 
Martha Nussbaum
Participating faculty: 
Michael H. Schill

William H. J. Hubbard, “Newtonian Law and Economics, Quantum Law and Economics, and the Search for a Theory of Relativity”

At this law school, “law and economics” is a mantra. But what is the “economics” in “law and economics”? There is a tendency to see research on cognitive biases and bounded rationality (“behavioral economics”) as challenging or even overturning an approach using models of rational behavior (“neo-classical economics”).

Participating faculty: 
William H. J. Hubbard

Aziz Huq, “Hobby Lobby and the Psychology of Corporate Rights”

After the Hobby Lobby and Citizens United decisions, a robust public debate has emerged over corporate constitutional rights. Prof. Huq discusses ongoing empirical research about how the Hobby Lobby case has influenced public perceptions not just of those rights, but also of the Court itself.

Participating faculty: 
Aziz Huq

Richard A. Epstein, “Reasonable and Unreasonable Expectations in Property Law and Beyond”

The notion of reasonable expectations filters in and out of many given areas of law. It is often derided as circular claim in which reasonable expectations are shaped by the law that they are supposed to shape. On the other hand, it is often treated, most notably under the Supreme Court’s now pivotal decision in Penn Central Transportation Co v.

Participating faculty: 
Richard A. Epstein

Alison Siegler, “The Courts of Appeals’ Latest Sentencing Rebellion”

For over twenty-five years, federal courts of appeals have rebelled against every Supreme Court mandate that weakens the federal sentencing Guidelines. That rebellion has intensified since the Court dealt a blow to the Guidelines a decade ago by making them advisory, rather than mandatory.

Participating faculty: 
Alison Siegler

Rising Storm: Ways of Addressing Climate Change's Impacts on Infrastructure and Housing

A Kreisman Housing Breakfast Series event, co-sponsored by the Energy Policy Institute at Chicago and the Coase-Sandor Institute for Law and Economics.

Participating faculty: 
Mark N. Templeton
Participating faculty: 
Omri Ben-Shahar

Youth/Police Conference: They Have All The Power

Why does police accountability matter in this context? How does the knowledge that severe abuses—brutality, sexual assault, false arrest, even death—have gone unpunished inform and shape encounters between youth and police? What are the costs and harms of the absence of accountability? How does the lack of accountability affect the relationships between youth and police?

Event listing: 
Youth/Police Conference
Participating faculty: 
Craig B. Futterman

Alison LaCroix, "The Shadow Powers of Article I"

The Supreme Court's federalism battleground has recently shifted from the Commerce Clause to two textually marginal but substantively important domains: the Necessary and Proper Clause and, to a lesser extent, the General Welfare Clause. For nearly a decade, these quieter, more structurally ambiguous federal powers – the “shadow powers” – have steadily increased in prominence.

Participating faculty: 
Alison LaCroix

William Baude, "Is Originalism Our Law?"

At her confirmation hearing, Supreme Court Justice Elena Kagan said that "we are all originalists." Is that true, and what would it mean for it to be true? In Is Originalism Our Law?, I argue that there is an important sense in which Justice Kagan was right.

Participating faculty: 
William Baude

Panel: "Ferguson and Beyond: Criminal Procedure and Police Killings"

This panel was moderated by Professor Siegler and included Deputy Dean Ginsburg and Professors Huq, McAdams, and Randolph Stone.

The event took place on February 4, 2015. It was presented by BLSA in partnership with the Law School and cosponsored by ACS, APALSA, Criminal Law Society, Defenders, Human Rights Law Society, LLSA, LSRJ, LWC, PILS, and SALSA.

Participating faculty: 
Alison Siegler
Participating faculty: 
Tom Ginsburg
Participating faculty: 
Aziz Huq
Participating faculty: 
Richard H. McAdams
Participating faculty: 
Randolph N. Stone