The Harvard Law Review Foreword
posted by Gerard Magliocca
I have a bone to pick with the editors of the Harvard Law Review. (Actually, since HLR has never published any of my articles, I guess I have two bones to pick with them, but that’s another story.)
This year’s Foreword, which is the signature piece in HLR every year, is by Adrian Vermeule and entitled “System Effects and the Constitution.” Putting aside the merits of the Article, it is curious that a piece that is supposed to put the prior term’s Supreme Court cases in context doesn’t . . . er . . . spend any time discussing last year’s cases. Granted, the format of the Foreword (“I’m coming up with a theory to tie together cases connected by nothing other than random scheduling.”) may be worthless, but you’d think that such a dramatic change would be accompanied by some kind of explanation.
November 30, 2009 at 11:49 am
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Responses (1)
Paul Horwitz - November 30, 2009 at 7:13 pm
I’ve written about this before — the Barak Foreword only cited one case from the previous Term, if I recall correctly. But in fairness, Vermeule does have a footnote noting that his piece is not directly linked to the Term’s cases. It’s perhaps more of an acknowledgement than an explanation, but it’s something.
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