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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Saving the Constitution from Lawyers: How Legal Training and Law Reviews Distort Constitutional Meaning

ISBN13: 9780521721721
Published: June 2008
Publisher: Cambridge University Press
Country of Publication: USA
Format: Paperback
Price: £22.99

Despatched in 7 to 9 days.

This book is a sweeping indictment of the legal profession in the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well suited to American justice, in which one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions.

Such wayward theorizing finds its way into print in the nation’s over 600 law journals – professional publications run by law students, not faculty or other professionals – and peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the ‘unitary theory’ of the president’s commander-in-chief power, and the Second Amendment’s ‘right to bear arms’.

In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.

Constitutional and Administrative Law, Other Jurisdictions , USA
1. The logic, and illogic, of law
2. The law journal breeding ground
3. The inherent item veto
4. The unitary executive and the commander-in-chief power
5. The second amendment
6. Conclusion.