Feudalism Unmodified / Something Blue

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The Lady and the Unicorn

The Cardinal Lawyer has often spoken of the Social Science Research Network (SSRN) and its role in spreading the scholarly work and enhancing the academic reputation of the Law School's faculty. Feature stories such as these — one, two, three, four, and more — have explained why every graduate and friend of UofL Law should bookmark the Law School's SSRN aggregator and subscribe to that aggregator's RSS feed RSS.

I'm pleased to add two old pieces of mine to the mix: Feudalism Unmodified: Discourses on Farms and Firms, 45 Drake L. Rev. 361 (1997), and Something Old, Something New, Something Borrowed, Something Blue, 58 U. Chi. L. Rev. 1527 (1991). The balance of this post describes these pieces and invites you to download them free of charge. I also invite you to visit my personal SSRN page and to subscribe to my RSS feed RSS.

Medieval marriage


Roland and Charlemagne

Feudalism Unmodified: Discourses on Farms and Firms, 45 Drake L. Rev. 361 (1997) (with Edward S. Adams):


The regulation of firm size and structure, in agriculture and industry, assumes that certain forms of market structure and industrial organization are pernicious. The law often restricts the formation and structure of large firms whose expansive activities favor sharp distinctions between labor, management, and capital. The epithet feudalism embodies the worst fears urging the rigid structural regulation of free enterprise.

This article first examines the regulation of feudalism in its native setting, the farm. Barriers to external investment in farming have not dissolved agriculture's natural tendency toward a feudal market structure. This article then studies the law's frontal assault on industrial feudalism: anti-takeover statutes.

To advocates of free enterprise, feudalism unmodified is a battle cry. But feudalism unmodified also describes the dismal condition of capitalism and its discontents. Those who would protect small farms and small firms lament the failure of structural regulation. Feudalism endures, unmodified.

Something Old, Something New, Something Borrowed, Something Blue, 58 U. Chi. L. Rev. 1527 (1991) (reviewing The Bluebook: A Uniform System of Citation (15th ed. 1991)):


The Bluebook has transcended its role as a legal citation manual. As the citation manual for the flagship law reviews at Harvard, Yale, Columbia, and Penn, the Bluebook acts as the contract, combination, or conspiracy in restraint of trade that keeps its publishers solvent. As the condensed expression of the familial relationship between legal academia and student-edited law reviews, the Bluebook represents the prenuptial contract between the professors and the journals. Finally, as the unofficial Uniform Citation Code, the Bluebook is a legislative waste dump, a statutory release for the pent-up frustrations of partisan players in citation politics.

Something blue