I thoroughly enjoyed Jack Balkin’s Constitutional Redemption, and I found myself largely in agreement with many of Jack’s major claims. But overall, I find it hard to share his optimism. At its core, Balkin’s constitutional jurisprudence is one founded upon faith — a faith in redemption. He concludes his book with the following paragraph (SPOILER […]
Tag: legal theory
The Relationship Between Theory and Practice
The longstanding attacks on legal scholarship all seem to assume a particular relationship between theory and practice, one that I believe is flawed. Recently, I responded to one such critique. There are others, with Justice Roberts and many other judges and practitioners claiming that legal scholarship isn’t worth their attention and isn’t useful to the […]
The Usefulness of Legal Scholarship
A reader of my post about the N.Y. Times critique of legal education writes, in regard to the value of legal scholarship:
On the New York Times and Legal Education
Much has already been written about David Segal’s article in the N.Y. Times, What They Don’t Teach Law Students: Lawyering. I join the strong critiques of this piece in condemning it as a lousy piece of journalism — more of a one-sided hack job, riddled with errors. It belongs on the op-ed page of a […]
An Interview with Lior Strahilevitz about Information and Exclusion
Lior Strahilevitz, Deputy Dean and Sidley Austin Professor of Law at the University of Chicago Law School recently published a brilliant new book, Information and Exclusion (Yale University Press 2011). Like all of Lior’s work, the book is creative, thought-provoking, and compelling. There are books that make strong and convincing arguments, and these are good, […]