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Legal Commentary

: Prawfs

Review of Hamburger's Law and Judicial Duty

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

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Marc DeGirolami has already written on this page about Philip Hamburger's wonderful recent book Law and Judicial Duty.  I've written a short (and favorable) review of that book for Engage: The Journal of the Federalist Society's Practice Groups.  It can be found here.  The introductory sentences give some sense of what I think of the book:



Philip Hamburger?s Law and Judicial Duty is an incredible book. Of the books I have reviewed in these pages in the last two years, it is simply the richest and best of the lot. Every constitutionalist, everyone interested in the history of the Anglo-American judicial craft, and everyone who cares not only about history but about contemporary debates over the nature and legitimacy of judicial review must read this book.



A couple of additional notes.  First, I would be equally happy to write reviews for either the FedSoc or the ACS (I'm a member)!  But the FedSoc is the one that asked me first, and they've done a great job with my reviews (anyone who is interested in writing reviews for Engage should contact Peter Aigner, who is a great editor and, in my experience, a mensch).  ACS folks, you're welcome to follow suit.  After all, the review will be the same regardless of the audience.  Second, I note with dismay that SSRN does not collect book reviews on an author's index page or count downloads, and thus they are harder to search for.  I understand the decision but I think it's wrong, and I hope SSRN revisits it, especially in light of recent discussions here about the value of book reviews in the law and the importance of finding alternative places to put them, places that ideally should be easily accessible.  I would also note that the policy is all the more unfortunate given that it is inconsistently applied.


Finally, although I heap praise on Hamburger's book, I do add some caveats.  It's a shame in particular that Hamburger doesn't pursue his project past Marbury, especially in light of some of the broader normative statements he wants to make about law and judicial duty in the present day; perhaps he will consider a second book that does just that, but until then we should take his normative conclusions with a grain of salt.  Still, this is one of the must-reads of legal publishing in the last year, especially for constitutional scholars.  Enjoy the review.  As always, comments are welcome.

Full post as published by Prawfs on July 21, 2009 (boomark / email).

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