
Who Cares About Efficiency?
Efficiency is a slippery term, and legal scholars frequently shift between distinct and even incompatible meanings as is convenient. This lack of clarity can inhibit students from challenging certain claims. To ask “but what do you mean by ‘efficiency’?” can make one appear unsophisticated or pedantic. But that’s precisely the question we should be asking. Because there are good reasons to reject the notions of “efficiency” usually taught in 1L classes, even if — in fact, precisely because — we have good reason to value other forms of efficiency.