In the June 2006 issue of The Harvard Law Review, Judge Michael W. McConnell reviews Supreme Court Associate Justice Stephen Breyer's book Active Liberty: Interpreting Our Democratic Constitution. The review, entitled "Active Liberty: A Progressive Alternative to Textualism and Originalism?", may be accessed here.
Over at The Volokh Conspiracy, Professor David Bernstein characterizes the Review as "rather devastating (though unfailing polite)." I'd characterize the "rather devastating" part of the characterization as itself "polite." I wonder whether Justice Breyer is embarrassed?
Both Judge McConnell's Review and Professor Bernstein's post (which features a special guest appearance in the comments by Judge McConnell himself) are well worth reading.
Update: Anyone interested in the subject should also not miss Professor Ilya Somin's Review of Justice Breyer's book in the Northwestern University Law Review. This link will take you to Professor Somin's blog entry at The Volokh Conspiracy, which in turn provides a link to his Review.
Over at The Volokh Conspiracy, Professor David Bernstein characterizes the Review as "rather devastating (though unfailing polite)." I'd characterize the "rather devastating" part of the characterization as itself "polite." I wonder whether Justice Breyer is embarrassed?
Both Judge McConnell's Review and Professor Bernstein's post (which features a special guest appearance in the comments by Judge McConnell himself) are well worth reading.
Update: Anyone interested in the subject should also not miss Professor Ilya Somin's Review of Justice Breyer's book in the Northwestern University Law Review. This link will take you to Professor Somin's blog entry at The Volokh Conspiracy, which in turn provides a link to his Review.
No comments:
Post a Comment