Legal Scholarship Should Matter To Judges
I donâ€™t doubt that law professors are frequently active outside the classroom and that their academic work sometimes addresses practical issues, but what Iâ€™d like to see is evidence of impact. Amicus briefs? Working for nonprofits? Blogging? â€śSpeaking truth to power?â€ť Absurd: speak all you want, professors, power doesnâ€™t listen to the likes of you. And a musical is going to transform constitutional law?
Northern District of Iowa Senior Judge Mark W. Bennett wasn’t buying:
I disagree with Judge Posner that the scholarship from the academy does not assist judges in very significant ways. As my experience as a judge has grown, I have spent less time reading circuit and Supreme Court cases and more time reading law review articles. I have, on too many occasions to remember, when not bound by controlling precedent, gone against the â€śmajorityâ€ť view on an issue based on ideas first inspired by a law review article I have read.