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In order to understand both the achievements of American Factory and the problem of representing the major themes in play, it may be useful to consider the political and economic ideology that forms its backdrop and space of contention. Neoliberalism set out to break the hold of Keynesian nostrums on the function of capital markets and the state.4 For at least the past forty years, using a heady mix of free trade, globalization, and deregulation, neoliberalism has significantly changed the landscape of production and consumption, and it is hardly extraordinary that culture both expresses and resists this hegemony in political economy. It is certainly the case that cinema as an industry is broadly symptomatic of such changes, but to what extent does film offer a counter logic at the level of form? Several studies have already noted the ways in which documentary and film in general relate to the homilies associated with faith in market forces,5 but can a critique of neoliberal globalization as a subject also confront the perquisites of marketization in the form of documentary itself?6 Rather than place the burden of this aesthetic struggle on a single film, I would like to think of American Factory as being caught up within significant structural antinomies of representation, for which some of its solutions are both prescient and problematic in addressing, for instance, the future of the US workplace in a world of globalization. Neoliberalism can be told as story by documentary but not in a way that necessarily changes the manner in which that story is told.
Phantom labor usually describes undocumented or unaccounted labor, often deployed to exploit lax rules over migrant workers and terms of employment or else refers to various scams to claim wages for workers who do not otherwise exist. Here I am thinking more of the spectral remains of industrial labor left behind by strategic deindustrialization; for instance, a real person with skills rendered ethereal by changes in the form or location of work. As Reichert indicates at the end of this piece, such workers are specters, not just of what was but of what could be.
Joshua Freeman shows in his extensive research that, while the functions and form of the factory have changed demonstrably, it still maintains a remarkable presence in the production and reproduction of everyday life. See Joshua B. Freeman, Behemoth: A History of the Factory and the Making of the Modern World (New York: W. W. Norton, 2018).
Laughter also serves a pedagogical purpose. My attempts at humor or humorous exchanges with students break up the tedium of a 75-minute class session. Humor also creates a sense of community. If we all are in on the joke, we have common sense of reference, and building a sense of community is an important thing to do in the 1L classroom. I've read that singing together is a great way to build community. I wish I could get my students to sing together. Some day. Jokes have the added benefit that a joke related to thematic material can help the students remember the material, just as a case with colorful facts helps tether the legal rule to the facts out of which it arose. Song lyrics that help students remember doctrine could be a real boon. Some day.
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After an unexpected week in the November void last week, the Tuesday Top Ten makes its triumphal return. Let's see what's happening the world of contracts-adjacent downloads, shall we? We should note, however, that Juliet Moringiello & Chris Odinet's The Property Law of Tokens continues its adverse possession of the top spot on the Contracts & Commercial Law list. Yeah, just like some Property types to do that.
In any case, right at the beginning of Episode 2, "Hell," there's an interesting contracts moment. After the first game, the players are begging to be allowed to leave. The guards/men in pink tell the players that they have been given an opportunity. The situation presents a variation of a classic riddle of the law of coercion. The coercing party claims to be making an offer: e.g., I'm offering you, desperate, insolvent business, an opportunity to get paid off early. In exchange, all I ask is that you accept my payment of 35% of what you claim I owe you as payment in full. Or, in a situation that's a little closer to the Squid Game situation, "Hey, shipwreck, I'm offering to save you; all I ask in return is that you surrender your cargo to me."
It is worth reading Professor Craswell's notes after the case. They explain, among other things, why Judge Cardozo raises promissory estoppel but never rules on whether the College could enforce the charitable pledge on that basis.
Judge Cardozo could not really rule on that basis, because the College never claimed any reliance. Or could he? He's Cardozo! He could persuade me of just about anything. Because he did not write it (but concurred in the decision), I will never understand the reasoning in Mitchill v. Lath.
According to the Complaint, the mistaken term "buyers" obligated the company to pay $300 million based on the occurrence of an event that was outside of Terraform's control. Terraform contends that it never would have agree to any such provision, that attorneys at both firms knew that, and that the plural "buyers" therefore must be a product of attorney malpractice. Attorneys at both firms call the plural term a "scrivener's error." Terraform alleges that attorneys at both firms caught the error but never corrected it.
First, congratulations to Shameless for presenting the world as it is today. All of the other series I have been following, although set in the present, act as though the pandemic never happened. Shameless thematizes masks, social distancing, lockdowns, supply-chain problems, and the political attitudes surrounding them. Having all of the characters wears masks, at least part of the time, must have presented novel challenges to the sound people. To the credit of the series' gritty verisimilitude, the actors, speaking through masks, sounded muffled, but they could still be understood, just like in real life.
However, things change once Elastigirl and the children set off in search of Mr. Incredible. They end up using the suits, thus ratifying the transaction and cleansing it of its original, officious character. The Incredibles now should pay Edna for the suits, assuming that is what one does.
We could tell you more, but we don't want to spoil it for you. Actually, we do. The cases settled, so we'll never know how the court would have resolved the issue. And that's all you would know if you had read Professor Krawiec's post, which you totally shouldn't do because we've told you everything you would get out of reading her post, which is excellent, by the way. Unless you want the links that she provides to documents relevant to the cases.