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Democracy's Distrust: Contested Values and the Decline of Expertise
(Harvard Law Review Forum, 2011)
This response to Professor Dan Kahan’s recent Harvard Foreword, Neutral Principles, Motivated Cognition, and Some Problems for Constitutional Law, argues that while Kahan accurately describes the contemporary “neutrality ...
Opinion Specialization
(Judicature, 2008)
In accord with traditions celebrating the generalist judge, the federal judiciary has
consistently resisted proposals for specialized courts. Outward support for specialization, if it exists at all, is confined to narrow ...
The Myth of the Generalist Judge
(Stanford Law Review, 2008-12)
Conventional judicial wisdom assumes and indeed celebrates the ideal of the generalist judge, but do judges really believe in it? This Article empirically tests this question by examining opinion assignments in the federal ...
Inside the Bankruptcy Judge's Mind
(Boston University Law Review, 2006)
Specialization is common in medicine. Doctors become oncologists, radiologists, urologists, or even hernia repair specialists. Specialization is also common among practicing lawyers, who become estate planners or products ...