عنوان

Saving the Constitution from lawyers :

0511479727

0511480520

1139167510

9780511479724

9780511480522

9781139167512

0521721725

0521896967

9780521721721

9780521896962

b707438

Saving the Constitution from lawyers :

[Book]

how legal training and law reviews distort constitutional meaning /

Robert J. Spitzer.

Cambridge, UK :

Cambridge University Press,

2008.

1 online resource (ix, 195 pages)

Includes bibliographical references and index.

1. The logic, and illogic, of law; 2. The law journal breeding ground; 3. The inherent item veto; 4. The unitary executive and the commander-in-chief power; 5. The second amendment; 6. Conclusion.

0

This book is a sweeping indictment of the legal profession in the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well suited to American justice, in which one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions. Such wayward theorizing finds its way into print in the nation's over 600 law journals - professional publications run by law students, not faculty or other professionals - and peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the 'unitary theory' of the president's commander-in-chief power, and the Second Amendment's 'right to bear arms'. In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.

Saving the Constitution from lawyers.

United States., Constitution.

États-Unis, Constitution.

Constitution (United States)

Constitutional law-- United States-- Interpretation and construction.

Lawyers-- Training of-- United States.

Avocats-- Formation-- États-Unis.

Droit constitutionnel-- États-Unis-- Interprétation.

Constitutional law.

Droit constitutionnel-- États-Unis.

Juristenausbildung

LAW-- Constitutional.

LAW-- Public.

Lawyers-- Training of.

Verfassungsrecht

United States.

USA.

7

7

LAW-- 018000

LAW-- 075000

Spitzer, Robert J.,1953-

20201207223546.0

pn

[Book]

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