Wednesday, June 30, 2010
Michael and I are publishing a related Essay in the Yale Law Journal Online soon; a draft is available on SSRN.
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From reading the op-ed and the syllabus of the Yale piece together, I think your arguments might strike more at the tendency among political types to treat different analytical approaches as illegitimate. That is, acting as if there is only one right way and anything else is simply deciding by personal preferences. The fact that there is a benefit to analytical disputes is something that should be emphasized more.
Posted by: Howard Wasserman | Jul 1, 2010 1:37:30 PM
I think she tried. If only she hadn't been coached with that "law all the way down" chorus.
Posted by: Ethan Leib | Jul 1, 2010 3:46:46 PM