Monday, December 1
Good StuffIf you're looking for a stimulating, subperbly researched book on the Supreme Court's ability to affect social policy, look no further than here. Michael Klarman will challenge many of the conceptions that you have about the Supreme Court as hero to minorities (racial and otherwise), a topic especially interesting as the Court injects itself into the cultural debate on homosexuality. Here's SSRN's summary:
The essay concludes by deriving some general lessons from this history: the extent to which the Supreme Court systematically favors the interests of racial minorities, the circumstances under which Court rulings are likely to prove efficacious, and the extent to which such decisions are likely to deviate from popular opinion.The most important of those questions is the last, and Professor Klarman answers it with a resounding - not much. Here are some other chapters, and other articles he's written. All are worthwhile. And, hey, it don't cost nuthin'.Tip o' the hat to the Legal Theory Blog.