The Seinfeld Hearings
If you suspect this week's Senate confirmation hearings for Sonia Sotomayor will be, like "Seinfeld," a show about nothing, you are probably right. To understand why, we need to revisit an era that remade how lawyers and the public think about law, and especially the Constitution.
In the 1930s, academics developed a philosophy they called "legal realism" to undercut judicial resistance to "progressive" statutes such as laws restricting the hours a ...
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