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Legal Commentary

: Prawfs

The Constitution's Pocket Part

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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While I'm at it, here is a link to a short post on Jotwell that I wrote, discussing a forthcoming satirical article by Michael Stokes Paulsen titled "Our Perfect, Perfect Constitution." 

In selecting this piece, I was mindful of some excellent criticism I received from a friend while I was at the AALS conference this year.  Jotwell (of which I'm on the con law board of editors) specializes in posts about new articles that the reviewers like, and which they think deserve notice despite the deluge of articles we all receive.  My friend suggested, however, that many Jotwell pieces consist of posts about articles the reviewer likes because it agrees with the reviewer's own views.  That sounds like a fair criticism to me.  At least where those articles are not based on particular erroneous factual premises, we should be able to find articles we like despite our own total disagreement with them -- especially in constitutional law, which is a resolutely political subject.  With that in mind, I selected Paulsen's article to review because I enjoyed it and think others in the field will too, although I disagree with pretty well all of it.  Enjoy! 

Full post as published by Prawfs on March 28, 2011 (boomark / email).

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