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Less than the Least 

Crime and criminal justice, corporate governance, credit, and bankruptcy, the culture wars, politics, literature and the arts, and other topics.
Post Frequency: 1.5/day Last Entry: July 16, 2010 at 12:31:17 Recent Entries: 208
By David Skeel and Bill Stuntz
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Will There be Lawyers in Heaven?--Skeel
Posted on December 09, 2008A few weeks ago, I was struck by a line in Abraham Kuyper's "Lectures on Calvinism" (1898), one of the great (and accessible!) modern Protestant works on politics and law. In a world without sin, Kuyper wrote, "every rule...
Paris--Skeel
Posted on November 29, 2008I`ve been in Paris this week for a wonderful conference at the University of Paris-Nanterre. It`s my third visit to Paris, separated by twenty years from my second (a short visit during my honeymoon) and twenty-four from my first (a...
Clinton and Geithner, not Holbrooke and Summers--Stuntz
Posted on November 21, 2008According to news reports, Timothy Geithner, chair of the Federal Reserve Bank in New York, will be the new Treasury Secretary--not Larry Summers. Perhaps Hillary Clinton and Summers in the top two slots was one ex-Clinton official too many: as...
For Larry Summers--Stuntz
Posted on November 21, 2008It would be an exaggerated piece of name-dropping to say that I know Larry Summers. I'm one of thousands of people who've had contact with him over the years. For me, that contact consists of two hour-long conversations with him...
Chemo's End, Cancer's Closet--Stuntz
Posted on November 20, 2008On Wednesday of this week, I had my last chemo session--at least for awhile and maybe for good. I'm not quite done--I'll carry around a pump with a drug called (believe it or not) 5-FU until tomorrow afternoon. Cancer treatment...
Where Should GM File for Bankruptcy?--Skeel
Posted on November 18, 2008The most surprising development in the Big 3's campaign for a bailout has been the amount of resistence it's met. Surprising to me, at least. After all the money that's been committed to the financial bailout, I assumed the carmakers...
A Too-Transparent Treasury--Skeel
Posted on November 14, 2008In their handling of the credit crisis, the Treasury Department and Federal Reserve have repeatedly been criticized for their lack of transparency. The decisions as to which financial institutions to bail out have been made behind closed doors, the complaint...
Five Things I Love About This Country--Stuntz
Posted on November 06, 2008Speaking as a conflicted McCain voter, I'd say Obama's election captures the five things I love most about my country. In no particular order: 1. Not counting his years living abroad, the President-elect has lived in Hawaii, California, New...
Obama's Victory--Skeel
Posted on November 05, 2008A little over a month ago, just as it was becoming clear that Barack Obama would win the election, I happened to be reading several commentaries on the Civil Rights Movement written by the theologian Reinhold Niebuhr, whose theology was...
Good News on the Cancer Front--Stuntz
Posted on October 31, 2008On Wednesday of this week, I heard that the latest round of films were clean--no tumors in my lungs or in my abdomen. Lungs and livers are the places advanced-stage colon cancer likes best. The fact that they appear to...
McCain or Obama?--Stuntz
Posted on October 31, 2008This Stuart Taylor column captures half of my frustration with this presidential election. Taylor argues that, if Obama governs as a centrist, he could have a spectacularly successful presidency. If he governs from the left, Taylor says, he will fail...
The Pulpit Initiative--Skeel
Posted on October 31, 2008A month ago, 33 pastors around the country preached sermons that overtly endorsed a candidate (usually John McCain) as part of Pulpit Freedom Sunday and the Pulpit Initiative organized by Alliance Defense Fund, a prominent Christian legal fund. The Pulpit...
Health Care and the Election--Stuntz
Posted on October 29, 2008Health care may be the most heavily covered domestic issue in the current presidential race. But the coverage has been lousy. E.g.: If I understand correctly, McCain's health care proposal would make employer-provided health insurance much more costly (by taxing...
The California Anti Gay Marriage Referendum--Skeel
Posted on October 26, 2008Reading the daily updates on the prospects of the California Anti-Gay Marriage referendum, I find myself quite conflicted. Like the two presidential candidates, I am not in favor of gay marriage, but I have long been troubled by the tenor...
Is the Era of Big Government Back?--Stuntz
Posted on October 18, 2008Everyone seems to think so, thanks to the financial crisis. I wonder. I have a short article about to come out in The Weekly Standard suggesting otherwise. The link is here. Early in his first Administration, Bill Clinton turned...
Teachers, Professors, and Obama Buttons--Skeel
Posted on October 13, 2008Stanley Fish has an interesting op-ed in this morning's New York Times about whether a school or university can prohibit its teachers from wearing a button advocating a particular candidate in the classroom. Fish argues that such a rule would...
Is Government Ownership the Right Strategy?--Skeel
Posted on October 12, 2008We now have yet another switch in the Treasury's strategy for stabilizing the markets. Plan A with the $700 billion rescue plan was to use the money to buy some of the questionable mortgage-related securities that are held by the nation's troubled...
C.S. Lewis and the Financial Crisis--Skeel
Posted on October 09, 2008I suspect I'm not the only one who feels vaguely guilty when I'm not thinking about or talking about or trying in some small, inept way to do something about the financial crisis. Everything else seems secondary. How can we...
Where are the Burkeans?--Stuntz
Posted on October 04, 2008Along with Friedrich Hayek, Edmund Burke is among the intellectual fathers of American conservatism. Hayek taught conservatives to love freedom. Burke taught conservatives to respect tradition even when its rationale seems obscure, for tradition often represents the accumulated wisdom of...
Bailout Stories--Skeel
Posted on October 02, 2008One reason the current financial crisis seems so mystifying is, I think, the absence of a simple, coherent story that explains what the crisis is about. The Enron and WorldCom scandals earlier in the decade could be distilled to a...
The War on Executive Compensation--Skeel
Posted on September 23, 2008As Congress rushes to enact the Treasury's $700 billion bailout plan this week, Obama, McCain, and politicians of both parties are insisting that the bailout include restrictions on executive pay at the firms whose mortgage backed securities will be bought...
Illness, Grace, and Friendship--Stuntz
Posted on September 19, 2008Not long ago, I read something by Roger Ebert, a skilled and insightful movie critic who has battled thyroid cancer and related conditions for a long time now, in which Ebert said roughly this: Cancer patients are widely seen as...
McCain's Age--Stuntz
Posted on September 19, 2008Like millions of my fellow citizens, I have a bad back; I take prescription pain medications for it. Three years ago, I had a long conversation with a doctor who, in addition to his clinical work, does research on chronic...
The Candidates and the Crisis--Skeel
Posted on September 17, 2008I wasn't among those who were disturbed about the increasingly trivial bickering between Senators McCain and Obama until the tumultuous events in the financial services markets over the past several days. I'm now greatly disturbed, because I fear that a...
Lehman's Demise--Skeel
Posted on September 15, 2008The government's dance with Lehman after having bailed out Bear Stearns reminded me of a game we used to play as kids. One kid would stand in front of another and fall backwards. The idea was that the kid in...
Sarah Palin's Faith, and Mine--Stuntz
Posted on September 13, 2008I didn't like Mike Huckabee's campaign in the Republican primaries, because Huckabee argued, sometimes explicitly, that Christian voters should support him because he's a Christian. I wouldn't have voted for him anyway, but that sealed the point for me...
The McCain-Palin Salvo on Fannie Mae--Skeel
Posted on September 09, 2008I may be over-reading the McCain-Palin op-ed in the Wall Street Journal on Fannie Mae and Freddie Mac this morning, but it seems to me to mark a sharp break from the Bush administration on the subprime crisis. Not on...
The Bible in Palin's Speech--Skeel
Posted on September 04, 2008I found myself listening for Biblical echoes in Sarah Palin's speech last night after hearing the familiar cadences of Ecclesiastes in its opening paragraphs, when she said that the voters rallied behind McCain in the primaries because he understands "there...
Palin, Obama, and the Experience Issue--Stuntz
Posted on August 29, 2008Everything is faster in the internet age. It took about ten seconds from the time McCain announced Sarah Palin as his running mate for the conventional wisdom to congeal: Palin forfeits the experience issue and opens the way for attacks...
Lake House--Stuntz
Posted on August 28, 2008Thanks to the kindness of some local friends, Ruth and I have spent most of this week at a lake house in New Hampshire. It's a remarkable place. Staggeringly lovely and (much to my surprise) nearly deserted: I guess the...
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