« Richard Epstein: A Maverick's View of the Supreme Court | Main | Bonuses and Law-Firm Associate Compensation »

November 30, 2007

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341c031153ef00e54f9264288833

Listed below are links to weblogs that reference Miles and Sunstein Take a Hard Look at the "Hard Look" Doctrine:

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

Ned Jacobs

I wonder what Professors Miles and Sunstein think of my elements of sovereignty, found at http://globalities.blogspot.com ? Ned Jacobs '75

bcowan

I have read the Hard Look paper and the New Realism paper and I am looking forward to more work reviving the rich intellectual potentialities invoked by Llewellyn, et al.in the American Legal Realist movement.

This comment is not intended to address any of these exciting prospects, but to make a rather pedantic point about one of Sunstein/Miles' metaphors: the opposite of "amplification" is not "dampening" but rather "dampering."

While excessive moisture might indeed have all sorts of weakening effects on judges' ideologies, the analogical reference is to stronger and weaker sound.

That which mutes one or more of the strings tuned to the same pitch in, for example, a piano, thus making the note sound softer, is called a "damper" - the verbal form is "to damper" or "dampering".

I am grateful to the Blog to be in a position to make even this infinitesimal contribution.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.