My answer is pragmatic. I do not hide my scepticism from my students, but I keep telling them that the "its just politics or judges' own prefernces" answer is simply too easy. That answser does not streach their legal skills. The answer is also not helpful. Judges write (and many or perhaps most) consiously think of case law in terms of doctrine, logic, history, etc. In writing briefs, whether for paying clients or pro bono amicus documents, you need to write as if the opinions stand on coherent doctrine.
Malla Pollack Visiting, Univ. of Oregon, Law 541-346-1599 [EMAIL PROTECTED] ----- Original Message ----- From: "Eric Segall" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Thursday, June 26, 2003 5:48 PM Subject: Re: Lawrence vs. Glucksberg > It seems like at least some of us agree that this week's decisions have everything to do with political choices made by a council of elders and nothing to do with true doctrinal substance. I, for one, REALLY believe that. For those of you who agree, I wonder how we should approach these cases with our students. When I first started teaching I asked a famous critical legal scholar that question and the person responded that the scholarly hat wasn't the same as the teaching hat. That didn't satisfy me then and it doesn't now. But I am nervous about suggesting to my students that the results are all political choice and zero doctrine (which I believe). Any suggestions? > > Eric Segall > GSU College of Law > > >>> [EMAIL PROTECTED] 06/26/03 20:23 PM >>> > Isn't it obvious? > > The Court is doing what it has long done, acting as Posnerian "wise elders" > squarely within the mainstream of American elite opinion, imposing this > vision on aberrant states. > > Scot Powe pretty persuasively explains most Warren Court holdings on this > basis. Only Powell's unexpected temporary brain lock and lapse from such > elite opinion made it take this long. > > I wouldn't expect much sequelae from this case, any more than from Bush v. > Gore. > > > Frank Cross > Herbert D. Kelleher Centennial Professor of Business Law > CBA 5.202 > University of Texas at Austin > Austin, TX 78712 > >
