PRIVACY + SECURITY BLOG

News, Developments, and Insights

Making the Constitution Easier to Amend

Amending the Constitution

One reason (although not the only one) that judicial review is always under attack is because the Constitution is very hard to amend. The Supreme Court is often viewed to be the final word on hot-button issues such as abortion. Although there are many cases where the Court is unfairly viewed as the final word, […]

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Brian Tamanaha on Problems with Instrumental Views of the Law

Legal Instrumentalism

Brian Tamanaha (law, St. John’s), has written a provocative article called The Perils of Pervasive Legal Instrumenalism.  He observes that “[a]n instrumental view of law–the idea that law is an instrument to achieve ends–is taken for granted in the United States, almost a part of the air we breathe.”  Such a view, however, creates a serious problem: […]

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The Multistate Bar Exam as a Theory of Law

Bar Exam

What is the most widely read work of jurisprudence by those in the legal system?  Is it H.L.A. Hart’s The Concept of Law?  Ronald Dworkin’s Law’s Empire?  No . . . it’s actually the Multistate Bar Exam. Almost all lawyers have read it.  Although the precise text is different every year, the Bar exam presents a jurisprudence that transcends the specific […]

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