Throughout American history, judges and legal scholars have articulated and maintained a sharp separation between law and politics. This essay asks the question: Why do so many judges and scholars devote so much time and energy to bolstering this law-politics dichotomy? Using William Baude and Stephen E. Sachs’s recent article “The Law of Interpretation as a Sp ringboard,” this essay explores the history and political valence of the dichotomy. From Baude and Sach’s perspective, politics is like a disease: if it infects legal interpretation, then it threatens the health of the judicial process. But the history of the law-politics dichotomy reveals that it empowers legal scholars to articulate and judges to implement their political preferenc...
The article takes up the question of how best to put the increasing amount of interdisciplinary scho...
In an earlier article in these pages, Professor John Manning argued that the use of legislative mate...
Allegations of voting on partisan or political lines has become a regular feature of discussions on ...
Throughout American history, judges and legal scholars have articulated and maintained a sharp separ...
This essay seeks to untangle the many possible meanings of politics in descriptions of judicial be...
In What\u27s Law Got to Do With It?, the nation\u27s top legal scholars and political scientists exa...
Talk about judicial politics is ubiquitous in the press and academia today. Discussions of this topi...
This article examines the relationship between Politics and Law in U.S. Supreme Court decision-makin...
Recent events have seemed to inject politics into American judicial institutions As a result many o...
The study of judicial politics using empirical methods to gain insight into the process of judicial ...
How do law and politics intertwine in Supreme Court adjudication Traditionally in law schools and po...
This essay concerns the relation between political process and judicial process. This particular re...
A core insight of the legal realists was that many disputes are indeterminate. For example, in many ...
In this paper, which was prepared to help set the stage at an interdisciplinary conference held at t...
Until the beginning of the 20th century, once the realist approach to law and society was emerging a...
The article takes up the question of how best to put the increasing amount of interdisciplinary scho...
In an earlier article in these pages, Professor John Manning argued that the use of legislative mate...
Allegations of voting on partisan or political lines has become a regular feature of discussions on ...
Throughout American history, judges and legal scholars have articulated and maintained a sharp separ...
This essay seeks to untangle the many possible meanings of politics in descriptions of judicial be...
In What\u27s Law Got to Do With It?, the nation\u27s top legal scholars and political scientists exa...
Talk about judicial politics is ubiquitous in the press and academia today. Discussions of this topi...
This article examines the relationship between Politics and Law in U.S. Supreme Court decision-makin...
Recent events have seemed to inject politics into American judicial institutions As a result many o...
The study of judicial politics using empirical methods to gain insight into the process of judicial ...
How do law and politics intertwine in Supreme Court adjudication Traditionally in law schools and po...
This essay concerns the relation between political process and judicial process. This particular re...
A core insight of the legal realists was that many disputes are indeterminate. For example, in many ...
In this paper, which was prepared to help set the stage at an interdisciplinary conference held at t...
Until the beginning of the 20th century, once the realist approach to law and society was emerging a...
The article takes up the question of how best to put the increasing amount of interdisciplinary scho...
In an earlier article in these pages, Professor John Manning argued that the use of legislative mate...
Allegations of voting on partisan or political lines has become a regular feature of discussions on ...