Randy Barnett Revisits Rosen

Dave Hoffman

Dave Hoffman is the Murray Shusterman Professor of Transactional and Business Law at Temple Law School. He specializes in law and psychology, contracts, and quantitative analysis of civil procedure. He currently teaches contracts, civil procedure, corporations, and law and economics.

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3 Responses

  1. Frank Pasquale says:

    Terrific points all. I was recently at a law faculty lunch (not at Seton Hall), and all the buzz was about Sotomayor (and the Rosen article). A wise admin law prof there said “What’s with all this fuss? It’s not like this is something as important as the head of EPA.”

    I am still mystified as to why admin law is not on the bar, and why it is not a required course at most law schools.

  2. “Worse, it encourages the view that the Justices are our platonic guardians, who must be blessed before they ascend into the heavens.”

    Too late – recall Madame Speaker’s response to Kelo: “This is almost as if God has spoken.”

    …and I agree with Prof. Pasquale as to the importance of admin law. I suspect we part company, though, when I lament that importance.

  3. Oh, come on, the Court is, as a practical matter, precisely as significant as the House Ways and Means committee, because it’s the Court which has allowed that committee to exercise as much power as it does. Without the Court signing of on the uspurpations of the New Deal, most people wouldn’t have to care one bit who was on that committee.

    If I give an H bomb to the village idiot, I’m precisely as destructive as he is, even if he’s the one pressing the button.