![]() |
|
Monday, January 10, 2005
previous entry | main | next entry | TrackBack (0)
That silly Alan Dershowitz
Look, the Harvard Law School has taken its fair share of lumps in the past year -- so critiquing Alan Dershowitz's critique of John Grisham's latest potboiler in the New York Times Book Review seems a bit like piling on. However, I can't let this paragraph slide:
I'm going to go out on a limb and suggest that students who decide to matriculate at Harvard's law school might -- just might -- have formed their opinions about the law from a greater range of experience than reading Grisham's oeuvre. At a minimum, I'm sure they've read Scott Turow's vastly superior legal thrillers. Second, it's clearly been a long, long time since Dershowitz checked out the political science literature on the judiciary. I'm hardly an expert on the poli sci literature on the courts, but even I am dimly aware that the trend in the past few decades has been to study judges as rational actors intent on pursuing political agendas -- not exactly above politics (click here for some examples of this literature) Comparative political scientists do tend to assume that American judges are less corrupt than many of their foreign counterparts -- because that appears to be true. However, political scientists have long abandoned the concept that judges do not think or act in a political or strategic manner. And I'm pretty sure that this is reflected in undergraduate courses. Comments: Kafka's The Trial is much better suited reading to prepare the young lawyer-to-be for his or her horrifying descent into the meaninglessness of the large lawfirm job awaiting. posted by: PD Shaw on 01.10.05 at 10:30 AM [permalink]Some classics that refute the a-political conception of judges include: I'd say this is true of political scientists who use texts written by political scientists (e.g. Epstein and Walker's Constitutional Law for a Changing America), but attitudinalism hasn't penetrated nearly as much in lawprof-written books, which tend to be the ones used by most JDs (and even a lot of PhDs) teaching con law to undergraduates. And even Epstein and Walker oversell the court's power as an agent of social change. posted by: Chris Lawrence on 01.10.05 at 10:30 AM [permalink]Hmmm ... I wonder if John Grisham is as psyched about torture as the Dershmeister? posted by: praktike on 01.10.05 at 10:30 AM [permalink]Post a Comment: |
Politics, economics, globalization, academia, pop culture... all from a
Main home page Reviews of DanielDrezner.com: "Sharp but informal commentary on politics and foreign policy." -- The New Republic "Dan Drezner is terrific.... Excellent blog." -- Andrew Sullivan "Dan's stuff is always worth reading." -- Eugene Volokh "One of the essential weblogs." -- Gawker.com "Old battle horse of the blogosphere." -- Jewcy.com "Soft porn." -- Amitai Etzioni "Spawned grave atrocities and vast destruction." -- Glenn Greenwald "Monday morning quarterback... conservative robot... the very foundation of troubles in this country." -- not-so-random readers Contact me at: ddrezner@gmail.com (But click here to read my e-mail policy) Search the Site TNR's Open University Jacob Levy Glenn Reynolds Andrew Sullivan Mickey Kaus Virginia Postrel The Volokh Conspiracy Josh Marshall Crooked Timber OxBlog Real Clear Politics Kevin Drum Across the Aisle Economist's Free Exchange TNR's The Plank NRO's The Corner TAP's Tapped America Abroad Duck of Minerva Opinio Juris Brad DeLong Jeff Jarvis Mystery Pollster Mark Kleiman Meryl Yourish Megan McArdle Marginal Revolution Michael Munger Chris Lawrence Matthew Yglesias Hit and Run Cold Spring Shops Stephen Green Outside the Beltway Pejman Yousefzadeh Laura McKenna (11D) Elected Swineherd Phil Carter Joe Gandelman Winds of Change Andrew Samwick Greg Mankiw Dani Rodrik Roger L. Simon Tom Maguire Greg Djerejian The American Scene Post Global Democracy Arsenal Recent articles online "Foreign Policy Goes Glam."The National Interest, November/December 2007 "Rise of the Hipster Statesmen." Newsweek International, November 1, 2007 "The New New World Order." Foreign Affairs, March/April 2007 "Mind the Gap." The National Interest, January/February 2007 "The Grandest Strategy Of Them All." Washington Post, December 17, 2006 U.S. Trade Strategy: Free Versus Fair Council on Foreign Relations Press, September 2006. Complete online article archive Blog Archives June 2008May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004 December 2003 November 2003 October 2003 September 2003 August 2003 July 2003 June 2003 May 2003 April 2003 March 2003 February 2003 January 2003 December 2002 November 2002 October 2002 September 2002 Academia Area studies Book club culture economics fence-sitting from Blogger globalization homeland security international relations law Mediasphere My very important posts New Republic outsourcing personal politics Sports The blog paper the blogosphere thesis ideas Trade and Development U.S. foreign policy website maintenance See full archives listing Recent Entries • Someone keep Fleet Street away from Bill Clinton• It rivals Buckley vs. Vidal, I tell you • So.... are the Clintons morons? • The New York Times didn't ask me, but then again, that's why I have this blog • Monica Crowley's jet black pot • Al Qaeda is losing • Speaking of karma.... • The blog post that writes itself • What made me laugh today • Where should Hillary go? Site Credits |