A poem by Rudyard Kipling says derisively of people who despise soldiers and police that they make ‘mock o’ uniforms that guard you while you sleep.’ You are likely to have a strong reaction pro or co...
The Bluebook is an absurdity, but it endures, in fact thrives, impervious to criticism and ridicule. The judiciary navigates the sea of modernity, slowed, thrown of course, by the barnacles of legal f...
I do not apologize for these terms or, more generally, for discussing judicial thinking in a vocabulary alien to most judges and lawyers. Judicial behavior cannot be understood in the vocabulary that...
The outstanding examples are still Cardozo’s Nature of the Judicial Process18
But the fact that judges follow precedent regularly even though not invariably does not support the legalistic theory as strongly as one might expect. The original precedent in a line of precedents co...
Marcuse also believed that sexuality was a political., an ideological, category, not found but made.