What is a law review article? Does America know? How might we help America in this regard? Here, we approach the first question on the bias: As we have found, a growing body of learning and empirical evidence shows that genres are not merely forms, but forms that anticipate their substance. In this Article, then, we try to capture this action by undertaking the first and only comprehensive “performative study” of the genre of the law review article. Continue reading here.
Bob Nagel is a well-known and persistent critic of Supreme Court decision making—and in particular, the Court’s stated formulae for how those decisions are reached. Bob’s neologism, “the formulaic Constitution,” was not coined to be an honorific term. For Bob, the Court’s announced rationales often seem hollow and thus quite manipulable, disguising whatever might have been the Court’s real reasons for reaching a decision and perhaps even blinding the Court itself to those reasons. Those of us who are unfortunately tapped by our deans to Continue reading →