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23 T. M. Cooley L. Rev. 157 (2006)
The Academic Equivalence of Science and Law: Normative Legal Scholarship in the Quantitative Domain of Social Science

handle is hein.journals/tmclr23 and id is 163 raw text is: THE ACADEMIC EQUIVALENCE OF SCIENCE
AND LAW: NORMATIVE LEGAL SCHOLARSHIP
IN THE QUANTITATIVE DOMAIN OF
SOCIAL SCIENCE
BY: DAVID MONSMA'
I. INTRODUCTION
The status of law courses and law faculty in business schools has
grown significantly in recent decades,2 but the reality is that law
brings a different voice to the business school. Professional
differences remain about the role of law or law faculty teaching in
non-law settings and schools.4 It is evident, for instance, that more
than a few in the professoriate holding research doctorates are
inclined to view the practice of law as antithetical to scholarship.5
Moreover, faculty trained in other disciplines may not entirely
appreciate the role of law in enabling firms to achieve competitive
advantage'6 or may doubt that the law does anything other than add to
the operating costs of doing business.7 Law      faculty teaching in
1. David Monsma, J.D., was Assistant Professor of Law and Social
Responsibility at Loyola College in Maryland from 2002-2006. Professor Monsma
is now the Executive Director of The Aspen Institute's Energy and Environment
Program in Washington, D.C..
2. THE STATUS OF LAW IN ACADEMIC BUSINESS STUDY: 1998 REPORT OF THE
PRESIDENT'S                        TASK                        FORCE,
http://cba.unomaha.edu/faculty/mohara/web/ALSBsta8.htm (last visited Oct. 28,
2006) (The status of law in academic business study intertwines with several
factors internal and external to higher education itself.).
3. George J. Siedel, Six Forces and the Legal Environment of Business: The
Relative Value of Business Law Among Business School Core Courses, 37 AM. BUS.
L.J. 717, 742 (2000).
4. See Karen L. Tokarz, Justice, Ethics, and Interdisciplinary Teaching and
Practice, 14 WASH. U. J.L. & POL'Y 1, 2 n.2 (2004).
5. Lawrence M. Friedman, Law Reviews and Legal Scholarship: Some
Comments, 75 DENV. U. L. REv. 661, 662 (1998).
6. Siedel, supra note 3, at 742; see, e.g., id. at 738 (The net result of the six
forces (regulation, litigation, globalization, entrepreneurship, technology, and
compliance) is that the legal environment plays an increasingly important role in the
success of the firm.).
7. See, e.g., Timothy F. Malloy, Regulation, Compliance and the Firm, 76
TEMP. L. REv. 451,453-54 (2003).
Two visions of the firm dominate the compliance literature. The first is
the firm as a rational profit-maximizer, obeying the law only when it is
in the firm's best economic interest to do so. Thus, violations occur

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