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November 30, 2007


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Ned Jacobs

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


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.

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