Baseball Metaphors and Judicial Opinions

A long time ago–so long ago, in fact, that the editing process was conducted entirely via Fed Ex and (gasp) telephone* –I published an article on the use of baseball metaphors in judicial opinions. It is one of 19 hits in the Westlaw JLR database for “Kirby Puckett,” one of four for “Kent Hrbek,” and the only law review article ever written that mentions Puckett, Hrbek, and Ron Gant. Though I missed out on all the fun that might have ensued had it been more readily available when Chief Justice Roberts was describing his role in umpireal terms, and even the more recent discussions here, I have just now posted it on SSRN for your procrastinating enjoyment.

* It’s interesting to me that the telephone seems to have disappeared from the editing process. Not once since I started teaching have I spoken to a law review editor other than the one who made the publication offer. Maybe it’s not that surprising, though. I remember some of those conversations from the editor side as being a little intimidating. That might have been partly a product of how my first conversation with an author on the phone unfolded. He (who was kind of big-namish) came across as a little grouchy, and not all that pleased with some of the edits proposed by my predecessor. Somehow or other–I guess I was trying to find a source or something as I fumbled for an explanation of whatever my predecessor had done–I pulled the phone off my desk. From his side perhaps the line just went dead. On my side there was a loud crash and a cascade of papers onto the floor. In retrospect, not that big of a deal. At the time, a little bit mortifying.

Cross posted at PrawfsBlawg.

Continue ReadingBaseball Metaphors and Judicial Opinions

Lawyers and Legal Scholarship

This [i.e., engaging in the conversation started in this post] wasn’t where I’d planned to start, but since I’ve got some thoughts on the scholarship-practice divide I might as well add my two cents. I spent just over eight years in practice before entering academia, so I have some understanding for the practitioner perspective. My firm maintained subscriptions to many of the top law reviews, which I would browse as time permitted. My reactions ranged from “wow that’s really interesting!” to “wow that’s complete ivory tower BS!” to “you know, I think I can actually use that!” And use them I did. I distinctly recall, for example, discussing Alan Michaels’ “Constitutional Innocence” article in the Harvard Law Review at oral argument before the Minnesota Court of Appeals. Nobody laughed.

So I think there’s plenty of scholarship, even work done at relatively high levels of abstraction, that can be put to work in practice.

Continue ReadingLawyers and Legal Scholarship