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The Perils of the Fight Against Cognitive Illiberalism

By Alliance Alert

Harvard Law Review: "Cognitive illiberalism bothers the authors not only because it might produce erroneous judicial conclusions of the type they think occurred in Scott but because, as they put it, it 'needlessly magnifies cultural conflict over and discontent with the law.' This paper questions the premise of the article, which is that opinions like Scott cause more than a ripple among the populace. Further, even if the authors? concern about the case?s effect on social cohesion is correct, this paper questions whether we should care, given the implications of the authors? analysis for judicial review and Fourth Amendment doctrine."

Full post as published by Constitutionally Correct on June 17, 2009 (boomark / email).