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Wednesday, June 30, 2010

Kagan Fatigue?

Here is an op-ed about the confirmation hearing and statutory interpretation that I published with Michael Serota in USA Today.

Michael and I are publishing a related Essay in the Yale Law Journal Online soon; a draft is available on SSRN

Posted by Ethan Leib on June 30, 2010 at 03:56 PM in Current Affairs | Permalink


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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

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

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