@HeerJeet This shld really be seen in the context of the larger absurdity of much of the legal academy in which amateurs freelance in fields they have no expertise in under the imprimatur of elite university distinction. We might call it the Law and Economics Grandiosity Problem.
@HeerJeet 2/ I shld anticipate the criticism that many law profs do important work outside narrow study of law. But those are the ones who actually seek to learn from and operate within the knowledge of other fields, even if they lack formal credentials (which are often overrated.)
@HeerJeet 3/ This problem doesn't affect all communities equally. Incidents is much higher on the right. But alas it crops up across the ideological spectrum. I was first introduced to it rather roughly. Not long after I started as an editor at The American Prospect I was assigned ...
@HeerJeet 4/ an edit by a very well known law professor at a prestigious law school. I was like a fresh recruit heading into a mine field without a helmet or any other protective gear but I didn't know that. Writing in journals like the Prospect these folks are used to being edited ...
@HeerJeet 5/ by very bright young men and women but not ones who have particular expertise in a given field. In this case it was about the history and ideological currents of the American revolutionary period and I was sitting on a mostly completely dissertation in the same general ...
@HeerJeet 6/ field. As it happens, my own area of focus was roughly 100 to 150 years earlier. But my mentor/advisor and the person I taught under was someone who specialized in exactly that period, Gordon Wood. So I needed to be pretty versed on it. Reading the piece I quickly ...
@HeerJeet 7/ noticed that the author had a series of pretty basic errors and beyond factual errors a number of interpretations that perhaps weren't narrowly 'wrong' but showed some pretty elementary errors or blind spots. My relative youth (about 30) and lack of credentials (I hadn't ...
@HeerJeet 8/ actually finished the PhD yet) wasn't lost on me. So I tried to gently note some ways we might refine the argument. Let's say it didn't go terribly well. This was one of the luminaries of the academy and in tight with the guys who ran the place and I guess he ...
@HeerJeet 9/ quickly raised the issue of my intemperance with the brass. Which led to a few uncomfortable conversations that felt at the time at least like going from 60 to 0 with the assistance of a wall. It learned an important lesson that law professors at elite institutions ...
@HeerJeet 10/ are allowed to write and publish in basically any discipline with their JD. Now as it happens, I'm pretty anti-credential on these things. The history I like to read is as often as not not written by people with formal history training. But it's good so I read it ...
@HeerJeet 11/ And to be fair to the history academy usually I'm trying to learn about new fields and often the pressures of academic publishing presses people to write monographs or studies that are narrower than what I'm looking for. So I'm really not a credentialist ...
@HeerJeet 12/ on this stuff. In fact, right now I have in my mind a law prof at an elite institution who basically works as an historian and is really at the top of the craft and her work is must reads. So I hope she doesn't think I'm talking about people like her!
@HeerJeet 13/ So my point here isn't that people need to stay in their lanes and only operate in areas where they have a formal credential. It is that it is a signature of the elite legal academy that you can publish in areas you know little about - or perhaps have written about them ...
@HeerJeet 14/ for years and developed a grand reputation within the legal academy while still knowing little about them - and feel you are entitled to be treated as knowledgable and expert. And indeed you largely are, within that world. The saving grace is that these cosplay ...
@HeerJeet 15/ areas of expertise within the legal academy function largely as bubbles that come into little contact with the folks who actually work in those fields. So it's sort of like they're playing D&D and don't really come into contact with any actual orcs or demigorgons or ...
@HeerJeet 16/ warlocks or bards. So basically it's all good and nobody gets hurt. The end.

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More from @joshtpm

6 Feb
As the Dominion/Smartmatic litigation moves forward one of the most fascinating veins of reporting will be on the culture of impunity at Fox. With Rudy, Lindell, Powell these are degenerate liars and sociopaths. Evil, crazy people do evil crazy things.
2/ But Fox is a huge and hugely profitable corporation. It may be a corrosive and destructive force in American life. But it’s not run by idiots. It is remarkable to me that the actions for which they are being sued weren’t yanked back by the corporations lawyers within ...
3/ days at the very latest. By any normal standard these claims never should have aired at all. But this went on for weeks and weeks. It was crystal clear these claims were nonsense. Unlike so many other Fox News victims, these companies had every incentive to sue ...
Read 8 tweets
6 Feb
The Supreme Court rightly put a very high bar on success in libel suits for public people and entities. You have to be wrong. And you have to have known you were wrong or have had a malicious indifference to whether you were right or wrong. It's very hard to mete that ...
2/ standard. And even in the cases I can think of where juries have found for plaintiffs often it's a generous (toward the plaintiffs) interpretation of malice. The Smartmatic/Dominion cases are the first case at scale that seems almost to try out the Sullivan standard.
3/ Fox and various other pro-Trump entities made numerous, repeated and HIGHLY damaging claims which certainly in the cases of the institutions and almost certainly with the individuals (with Lindell he may simply be crazy) they were false.
Read 11 tweets
5 Feb
There’s an important lesson here. It is very credible that the White House denies Politicos claim that the Summers oped or Summers thinking is influencing their internal thinking because there’s basically nothing the White House has **done** to support that claim.
2/ Summers oped isn’t some big revelation or shift. (Indeed, as a separate matter the most interesting thing to me is how tepid his argument is.) with the knowledge of those views the WH has proposed a very large package, shown no inclination to meaningfully reduce ...
3/ the total package price, has said that inflation is basically a non-issue and that even in its own terms (which are not the primary terms of the argument) long term deficits will be lower with a big package now because a quicker return to growth etc.
Read 6 tweets
4 Feb
This is my small contribution to Pandemic-era furniture design. Today is my beloved wife's birthday. A special birthday. She's a psychotherapist with a general practice, but specializing in grief. Like many therapists the pandemic has shifted her practice to virtual sessions.
2/ For many patients this means Zoom. She sits on a couch with an Ipad propped up at the right height to approximate an in-person session, usually stacking things on top of each other to get the right height. Countless therapists around the country are doing some version of this.
3/ I call this a custom therapizing bench. Basic mortise and tenon joinery. Made in Pine to keep it light weight for easy mobility. Designed to be the right height for comfortable viewing from a couch. Certainly it's not a radical design innovation. You could do something ...
Read 7 tweets
4 Feb
Good thread. Read it. GOPs have rapidly moved on to mocking people who were afraid during the violent assault on the capitol they fomented. This amounts to the first step toward their explicit endorsement of the insurrection. Perception of threat is inherently subjective.
2/ But the only thing any Republican member of Congress - with the possible exception of Mitt Romney - should say to @AOC is “I’m sorry because I [enter name of elected] personally helped incite the insurrection.” As I said, perception of threat is inherently subjective.
3/ But I would guess that the vast majority of the violent Republican insurgents who stormed the capitol could identify at most a handful of Democratic members of Congress. Probably every last one could identify two: Nancy Pelosi and AOC. Pelosi as part of the line ...
Read 6 tweets
30 Jan
AZ lawmakers who were in DC during the insurrection refuse public records request for emails/texts citing privacy and 5th Am right not to incriminate themselves. azcentral.com/story/news/pol…
2/ Lawmakers say "the threat of criminal prosecution gives rise to certain Constitutional rights that may overcome the duty to disclose otherwise public documents under Arizona’s public records law."
3/ "certain constitutional rights" 🤣🤣🤣🤣🤣
Read 4 tweets

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