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	<title>Comments on: Smart Power</title>
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	<description>The Law, the Universe, and Everything</description>
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		<title>By: Maryland Conservatarian</title>
		<link>http://www.concurringopinions.com/archives/2009/02/smart_power.html/comment-page-1#comment-44801</link>
		<dc:creator>Maryland Conservatarian</dc:creator>
		<pubDate>Wed, 04 Feb 2009 18:46:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2009/02/smart-power.html#comment-44801</guid>
		<description>Well the Bushies may not have had the so-called academic achievements of, say, Elena Kagan, Dean of Harvard Law School...but academic achievement was probably the only thing FAIR brought to its pathetic effort in Rumsfeld v. FAIR - a smackdown so complete and so predictable the Court could have assigned the opinion to a 1L from a school where all these academic achievers would never even deign to be seen...

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		<content:encoded><![CDATA[<p>Well the Bushies may not have had the so-called academic achievements of, say, Elena Kagan, Dean of Harvard Law School&#8230;but academic achievement was probably the only thing FAIR brought to its pathetic effort in Rumsfeld v. FAIR &#8211; a smackdown so complete and so predictable the Court could have assigned the opinion to a 1L from a school where all these academic achievers would never even deign to be seen&#8230;</p>
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		<title>By: Dave</title>
		<link>http://www.concurringopinions.com/archives/2009/02/smart_power.html/comment-page-1#comment-44800</link>
		<dc:creator>Dave</dc:creator>
		<pubDate>Tue, 03 Feb 2009 13:10:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2009/02/smart-power.html#comment-44800</guid>
		<description>A minor error: Garre&#039;s bio indicates that he has  been an adjunct at GW.

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		<content:encoded><![CDATA[<p>A minor error: Garre&#8217;s bio indicates that he has  been an adjunct at GW.</p>
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		<title>By: Dave</title>
		<link>http://www.concurringopinions.com/archives/2009/02/smart_power.html/comment-page-1#comment-44799</link>
		<dc:creator>Dave</dc:creator>
		<pubDate>Tue, 03 Feb 2009 13:07:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2009/02/smart-power.html#comment-44799</guid>
		<description>Orin-

Perhaps only you could conflate being a member of the Elect to the level of academic accomplishment of the Dean of Harvard Law.

I think Chimene was fairly clear in her point that the shift is to appointing career academics to prominent roles. Of the four names you mentioned, all had private practices before appointment to posts in the Bush administration; as far as I can tell, only one had taught at all (Clement was an adjunct at Gtown). Though, I should note that I can&#039;t tell whether Elwood was in private practice or an academic, because I can&#039;t even find a biography of him. But that seems to cut against him having any pre-OLC prominence whatsoever.

In contrast, all of the people nominated to the positions those four hold (Kagan, Katyal, Johnsen, Barron) are either full professors or the aforementioned Dean of HLS.

Now, one might have argued that there is no room in academia for conservatives, and that the outgoing folks achieved similar prominence in private practice. I&#039;d disagree strongly with that argument, but at least it&#039;s plausible. But that&#039;s not the argument you made; rather, you implied that the four outgoing folks&#039; clerkships equaled prominent tenured faculty positions in terms of academic achievement.

Wow. Nice try.

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		<content:encoded><![CDATA[<p>Orin-</p>
<p>Perhaps only you could conflate being a member of the Elect to the level of academic accomplishment of the Dean of Harvard Law.</p>
<p>I think Chimene was fairly clear in her point that the shift is to appointing career academics to prominent roles. Of the four names you mentioned, all had private practices before appointment to posts in the Bush administration; as far as I can tell, only one had taught at all (Clement was an adjunct at Gtown). Though, I should note that I can&#8217;t tell whether Elwood was in private practice or an academic, because I can&#8217;t even find a biography of him. But that seems to cut against him having any pre-OLC prominence whatsoever.</p>
<p>In contrast, all of the people nominated to the positions those four hold (Kagan, Katyal, Johnsen, Barron) are either full professors or the aforementioned Dean of HLS.</p>
<p>Now, one might have argued that there is no room in academia for conservatives, and that the outgoing folks achieved similar prominence in private practice. I&#8217;d disagree strongly with that argument, but at least it&#8217;s plausible. But that&#8217;s not the argument you made; rather, you implied that the four outgoing folks&#8217; clerkships equaled prominent tenured faculty positions in terms of academic achievement.</p>
<p>Wow. Nice try.</p>
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		<title>By: Orin Kerr</title>
		<link>http://www.concurringopinions.com/archives/2009/02/smart_power.html/comment-page-1#comment-44798</link>
		<dc:creator>Orin Kerr</dc:creator>
		<pubDate>Tue, 03 Feb 2009 07:36:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2009/02/smart-power.html#comment-44798</guid>
		<description>I certainly understand where you&#039;re coming from -- many Obama nominees are indeed highly accomplished academically --  but are the appointees and nominee to the Obama OLC,  SG&#039;s Office, and White House Counsel&#039;s Office actually more accomplished than those of the Bush Administration?  Those jobs generally go to academic bigwigs in every administration, I believe.  (For example, in the outgoing Bush Administration, you had Scalia clerk SG Clement with his principal and Rehnquist clerk Garre, acting OLC head and former Thomas clerk Steven bradbury with principal deputy and Kennedy clerk Elwood, etc. )

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		<content:encoded><![CDATA[<p>I certainly understand where you&#8217;re coming from &#8212; many Obama nominees are indeed highly accomplished academically &#8212;  but are the appointees and nominee to the Obama OLC,  SG&#8217;s Office, and White House Counsel&#8217;s Office actually more accomplished than those of the Bush Administration?  Those jobs generally go to academic bigwigs in every administration, I believe.  (For example, in the outgoing Bush Administration, you had Scalia clerk SG Clement with his principal and Rehnquist clerk Garre, acting OLC head and former Thomas clerk Steven bradbury with principal deputy and Kennedy clerk Elwood, etc. )</p>
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