Category: Academic & Scholarly News

  • It’s Time to Get Rid of Law Reviews

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    The Washington Beacon has published an absolutely jaw-dropping piece about the Harvard Law Review's article selection process, which allegedly gives substantial consideration not just to the assumed identity (race, gender, sexual orientation) of the author, but to the assumed identity of the authors of sources cited. (Who knew that I should have been indicating in every citation the race, gender, and orientation of the author?)

    I haven't bothered submitting to HLR for some time, but if the allegations are true, it still leaves me dismayed that I have had my time wasted as an author and furious that I have had my time wasted doing outside reviews. Don't ask me to do free reviews when it's just for show. I'm just waiting for the class action…

    It’s easy to dismiss the HLR fiasco as an example of woke gone wild, and that’s undoubtedly part of the problem, but the more fundamental problem is that student editors should have no business selecting articles. Indeed, as I will argue below, law reviews are a medium that has served its purpose and they should shut down—there’s a much better way to disseminate legal scholarship: connecting authors directly to legal research databases (direct-to-database publishing).

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  • AI Models on Law School Exams

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    The question of how well AI can do on law school exams is one that interests me, since I give exams and want them to be a measure of how much my students have learned (as opposed to their skills at using AI — although I want them to learn those too). Others appear to be interested too — just see the ssrn downloads for papers on this topic.  Caveat: I can't pretend that I have more than the shallowest of understandings of AI models.  But this cool new paper I came across might be of interest to folks.  

    The paper is from a set of scholars at ETH in Zurich (a place long known for its excellent research).  As I understand the draft (and, to repeat, I don't understand a lot of this stuff), the paper finds that the large language models (LLMs) don't do that great when you increase the level of reasoning required on the exam.  I was also intrigued to read (I think) that LLMs are not necessarily better on multiple choice exams than essay type ones.  From the abstract, here is a sentence that stood out: "Our evaluation on both open-ended and multiple-choice questions present significant challenges for current LLMs; in particular, they notably struggle with open questions that require structured, multi-step legal reasoning".  

    The paper is "LEXam: Benchmarking Legal Reasoning on 340 Legal Exams

    Among the other cool things about this paper to me is how collaborative it is — students, professors, and even judges.  To me, it reflects well on the culture of the institution that has such a degree of collaboration. 

  • Sharing Risk

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    Credit Slips readers will want to check out a brand-new book from Pat McCoy, the Liberty Mutual Insurance Professor at Boston College Law School (and a past guest blogger here). Sharing Risk offers both a diagnosis and prescription for the financial precarity of American households. Because over half of Americans do not make enough to meet basic needs, they often turn to borrowing to make ends meet. McCoy proposes expended risk-sharing arrangements about income security, housing, health insurance, and college education. McCoy's proposals seek to enable American families to flourish and secured their economic well-being.

    The book is available directly from the University of California Press. McCoy also passed along that she is now blogging at a new substack

  • Virtual Access to Event in Memory of Juliet Moringiello March 20 2025

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    FINAL WLC Juliet M. Moringiello MemorialWidener University Commonwealth Law School will hold an event honoring Professor Juliet Moringiello on March 20, 2025 at 1pm ET. Friends and fans of Juliet are welcome and encouraged to join virtually. The Zoom link is embedded in the image accompanying this post as well as accessible here. I will repeat what Widener says in the bottom of the image about Juliet: "Professor Moringiello was a beloved scholar, professor, mentor, author, administrator, colleague, and friend whose impact on our students and institution was profound and will never be forgotten. We gather to celebrate her contributions to the legal field, share memories, and find comfort in one another."

  • Juliet Moringiello – One of the Greats

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    Juliet Moringiello was an amazing person. Her alchemy of brain and spirit and energy and heart and common sense made a positive difference for so many people, across disparate places and professions. She could teach you how to navigate a commercial law and to downhill ski.

    Testaments from Widener University Commonwealth Law School and professional organizations illustrate how Juliet served academic and legal communities with distinction. Examples include the Uniform Law Commission (including an instrumental role in the development of the 2022 amendments to the Uniform Commercial Code), American Law Institute projects, and as a scholar-in-residence for the American Bankruptcy Institute. Juliet did these things while also serving in critical leadership roles at Widener and offering engaged and committed classroom teaching, including first-year property law and an array of upper level classes and seminars. 

    Chris Odinet's memorial captures beautifully Juliet's commitment to helping others and building communities. As reflected in the mentoring award she recently received from the Commercial and Consumer Law Section of the Association of American Law Schools, Juliet did so much behind the scenes to lift up others and to help them improve their research and analysis. 

    Juliet was ideally positioned for mentoring because her own scholarship was creative and wide-ranging and yet reflected care and attention to detail. She offered important insights on municipal bankruptcy and related state law procedures. Whereas scholars and jurists long have referred to the "Butner principle" in the abstract, Juliet closely studied the case for which the principle is named, which turned out not to match how it was remembered. She explored poorly drafted statutory language that since 2005 has affected the treatment of car loans in Chapter 13 repayment plans for individuals and proposed an analytical framework accordingly. These are just a few of the examples of her writings in which a reader can find careful and sustained attention to the relationship between state and federal law. 

    With respect to state secured transactions law, Juliet comfortably traversed the border between real property and personal property. The problems dwelling from the tangible-intangible divide of personal property particularly attracted her attention. She explored puzzles that arise, for example, when one tries to apply fundamental concepts such as possession to remotely controlled activities.

    And those projects dovetailed with Juliet's longstanding interest in understanding emerging technologies, and her ability to demystify how foundational commercial law concepts can be squared with innovation – from software licensing agreements and electronic contracting, to cyberspace and domain names and Second Life, to non-fungible tokens. As popular subjects for scholarship, writings on hot tech topics risk ephemerality. Juliet's work is built to last. She made these issues accessible while demonstrating how they could and should be situated in broader legal frameworks.

    Of course, these professional interests were part of a rich multi-faceted life of family and friends, of appreciating the sights and nature in Pennsylvania, in Quebec, and anywhere and everywhere she traveled. When there wasn't enough snow for skiis, you might find her on a hike. Or on a bike. Or a paddleboard. 

    Juliet Moringiello offers inspiration to do impactful work, to help others, and to spend time on the the things you love. Deepest condolences to her family. 

  • Conference Opportunities at Boston U. and Cornell

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    Credit Slips friends have made us aware of two upcoming academic conferences that might be of interest to our readers. First, the seventh annual Consumer Law Scholars Conference will be held at Boston University on March 6-7, 2025. Abstracts are due on September 6, 2024. More information, including on how to submit an abstract is available at their official call for papers web page

    The second conference aims to bring together mass-tort and bankruptcy scholars at Cornell on September 20. Speakers and papers are already set as set forth in their official event poster. This is a symposium of the Cornell Law Review such that we should expect a law review issue about how these topics will continue to collide.

  • Upcoming Public Events for Unjust Debts

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    P&PMore upcoming events open to the public – in person and virtual – for the new book Unjust Debts, including tonight in Washington DC. Join the conversation!

     

  • Unjust Debts on the Road

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    Unjust_debts_finalFirst, thanks to Bob Lawless for his post about my new book. It has been great to engage with people about Unjust Debts so far, and especially appreciated the book making a new Financial Times best books list (links to that and other coverage here). Wanted to note a few upcoming book events for Credit Slips readers:

    • June 27 (TONIGHT): Greenlight Bookstore, Brooklyn NY, in conversation with Zephyr Teachout. Information and RSVP here
    • July 1 (VIRTUAL): Commonwealth Club World Affairs, in conversation with Senator Elizabeth Warren. Information and registration here
    • July 8: Politics & Prose, Washington DC, in conversation with Vicki Shabo. Information here
  • CFPB Bitter-Enderism

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    Retired Harvard Law Professor Hal Scott has a curious op-ed in the Wall Street Journal suggesting that despite (or because) of the Supreme Court's recent ruling in CFPB v. CFSA that the CFPB's funding is both unauthorized by statute and unconstitutional on account of the Federal Reserve System running a deficit currently (and projected through 2027).

    It's a bizarre and incorrect argument, and were it coming from anyone other than Scott it could be dismissed as harmless and uninformed flibflab, but Scott is a personage with serious financial regulatory credentials, who is very tied in to the upper crust of anti-financial regulatory circles, such that one has to wonder if this is a trial balloon for a U.S. Chamber of Commerce or Bank Policy Institute-supported challenge. 

    In any event, let me quickly explain why Scott is wrong on both the statutory and constitutional arguments.

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  • Further Thoughts on CFPB v. CFSA

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    I have some further thoughts on the CFPB v. CFSA decision on Bloomberg Law: decision not only benefits consumers but ultimately benefits many financial services businesses by ensuring both a level of stability in regulation and the preservation of the "legal infrastructure" that the CFPB has created over the past 13 years, such as safe harbors, inflation adjustments, and advisory opinions.