Document Type


Publication Date



Law professors and political scientists often aim to deny control or otherwise tame the dynamic interactions of law and politics that are integral to adjudication The University of Chicago Law Review recently published an issue containing two such articles Charles L Barzuns Impeaching Precedent and Eric A Posner and Adrian Vermeules Inside or Outside the System Both articles sought to police the boundary between law and politics between the internal and external The two articles however struggled to reach that shared goal in strikingly different and ultimately irreconcilable ways both of which were unavailing And that is my point the lawpolitics dynamic in judicial decision making cannot be tamed regardless of how a scholar attacks it In the future scholars should devote more energy to exploring rather than subduing the lawpolitics dynamic

First Page