Jim Chen's SSRN abstracts

Truth and Beauty: A Legal Translation, http://www.ssrn.com/abstract=1157093 (July 8, 2008)

This essay addresses questions of truth and beauty, of poetry and fidelity, as applied to legal education and ultimately to law. After discussing how law schools can most faithfully translate their teachings to lawyers' real concerns, I shall ponder how the law itself reconciles its duty to truth with its practitioners' longing for beauty.

Telecommunications Mergers, http://www.ssrn.com/abstract=1143577 (June 12, 2008)

Telecommunications mergers are at once a historical mirror and a harbinger of the legal future. Since the passage of the Telecommunications Act of 1996, no significant telecommunications merger has failed to receive regulatory approval in the United States. The Telecommunications Act of 1996 has accelerated the trend toward consolidation and concentration. Having devoted most of its energy on issues doomed to become technologically and economically obsolete, the Act failed to anticipate the technological conditions (especially the emergence of the Internet) that drove telecommunications carriers to consolidate. Nevertheless, possible avenues for reform remain open should the federal government ever conclude that the anticompetitive potential of telecommunications mergers outweighs their salutary effects.

Law Among the Ruins, http://www.ssrn.com/abstract=1138910 (May 30, 2008)

Hurricane Katrina broke America's collective heart. No previous natural disaster in the nations history inflicted a grimmer toll. The legendary city of New Orleans all but sank when its levees failed and the resulting storm surge drowned much of the city and many of its feeblest, most vulnerable residents. Katrina exposed flaws in virtually every aspect of disaster management at every level of American government. The magnitude and senselessness of the loss indicted American society for its callous disregard of social vulnerability. There is no such thing as a natural disaster. Understanding the interplay of environmental events with social conditions holds the key to the optimal application of legal tools for preventing, mitigating, and remedying natural tragedies - the grand social exercise called law among the ruins.

Liberating 'Red Lion' from the Glass Menagerie of Free Speech Jurisprudence, http://www.ssrn.com/abstract=1121043 (April 17, 2008)

Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969), decreed a medium-specific approach to first amendment controversies involving radio and broadcast television. Although the Supreme Court has never applied Red Lion's scarcity rationale to any medium besides broadcasting, the Court has frequently resolved free speech disputes by drawing analogies to broadcasting. Red Lion declared that courts should condition constitutional protection on the technological and economic characteristics of a regulated communications conduit. It specifically concluded that broadcasting, as a conduit, merited less rigorous first amendment review because of scarcity, the historic extent of governmental involvement in broadcasting, and the ongoing public interest in access to this intensely regulated medium. Most judicial and academic objections to Red Lion have addressed scarcity. This article takes aim instead at Red Lion's prescription of conduit-specific first amendment review, urging close ...

REVISION: Biolaw: Cracking the Code, http://www.ssrn.com/abstract=1115332 (April 2, 2008)

The neologism "biolaw" describes all areas of law informed by the life sciences. Health law, bioethics, environmental law, natural resources law, agricultural law, food and drug law, biotechnology, law and neuroscience, law and behavioral psychology, and evolutionary analysis of law all share a common scientific core. Lawyers and legal scholars too often address these topics in isolation. This piecemeal approach undermines the scientific cohesion that connects these areas of legal practice and theory. The common core, of course, is biology - all of the life sciences, unified in pursuit of subjects considered worthy of legal attention. This essay defines biolaw as the field of law and the life sciences in its entirety. Part I of this essay will provide a brief guide to the various branches of biolaw. Part II offers some thoughts on the intellectual significance of treating biolaw as a scientifically coherent enterprise. In other words, I will first define biolaw. Then I will ...

REVISION: The Most Dangerous Justice Rides into the Sunset, http://www.ssrn.com/abstract=1031146 (November 19, 2007)

In this essay, our third and last in a series, we employ our previously developed techniques to measure the power of the Justices in the Rehnquist Court over its full 11 year run. Once again, Justice Kennedy rises to the top of our rankings, as he had done earlier. Our methods identify Justices Souter, Breyer and Ginsburg as being notable either for their influence or lack thereof. In addition, we rejoin the debate on the connection between being the median justice and being the most powerful one. We question whether even the most sophisticated methods of finding the median justice are adequate to the task of assessing power on the Court.

REVISION: Beyond Food and Evil, http://www.ssrn.com/abstract=1005001 (August 7, 2007)

The mass marketing of foods derived from organisms modified through recombinant DNA technology has put extreme pressure on the interpretation and implementation of the United States' basic food safety law, the venerable Food, Drug & Cosmetic Act. In its classic form, the FD&CA reflects its Progressive and New Deal roots. It vests enormous trust in a specialized agency, the Food and Drug Administration, which is presumed to have nonpareil expertise over food safety. The political reality of GM foods, however, has placed the FD&CA and its implementation by the FDA in severe tension with the Organic Foods Production Act and with commercial speech doctrine. Fear about food is one of the most deeply seated forms of behavioral protection against the natural world. It is precisely here, where food comes into contact with notions of good and evil, that the classic regulatory state must take its stand. The FDA's regulation of foods using rDNA technology upholds the best of the ...