Thursday, March 26, 2009
Following up on Tuesday's post, Is Legal Scholarship Dead?: Dan Markel has a great post on The Schlagfest in Geo. L. J. and a Mild Defense of SSRN Emails...
In her essay on sex, law and consent, Professor West adverts our attention to the distinction between the unwanted and the unwelcome, a distinction arising out of the literature on sexual harrassment. Perhaps the SSRN emails are unwanted but welcome/tolerated (ie, occuring in a relationship where the sexual attention is welcomed or permitted more generally), and this stands in contrast to the emails selling viagra, which are both unwanted and unwelcome. If this distinction holds, we might wonder whether the legal scholarship Schlag derides is simply unwanted, or both unwanted and unwelcome.