neoformalist

The Teles book is a fantastic history of what could be best termed the secular right in America - the libertarian and neoformalist wings.

Tushnet, Teles, and "What Consequences Do Ideas Have?" Mary L. Dudziak 2008

If we took seriously Larry's view that he would have to bite the bullet in all cases where the Supreme Court's decisions were inconsistent with his vision of neoformalist judging, then I'm afraid that he would have delegitimated a very sizeable chunk of the corpus of contemporary constitutional law, or at least the portions that I regularly teach in my courses and discuss in my casebook.

Balkinization 2003

Not a particularly good example of neoformalist judging.

Balkinization 2003

If we took seriously Larry's view that he would have to bite the bullet in all cases where the Supreme Court's decisions were inconsistent with his vision of neoformalist judging, then I'm afraid that he would have delegitimated a very sizeable chunk of the corpus of contemporary constitutional law, or at least the portions that I regularly teach in my courses and discuss in my casebook.

Balkinization 2003

What Larry does not sufficiently recognize, I think, is that the number of Supreme Court decisions that are not consistent with his model of neoformalist judging are plentiful.

Balkinization 2003

I guess one could take that position with respect to almost every important civil right that doesn't fall within Larry's neoformalist vision of judging.

Balkinization 2003

And indeed, it is quite likely that if the Court had just followed his neoformalist formula for good judging, Congress would be constitutionally prohibited from passing much of the very civil rights and civil liberties protections that he wishes to fall back on, and administrative agencies would not be able to pass all those regulations that Larry argued would pick up the slack in enforcing equality norms.

Balkinization 2003

What Larry does not sufficiently recognize, I think, is that the number of Supreme Court decisions that are not consistent with his model of neoformalist judging are plentiful.

Balkinization 2003

I must confess I don't recognize his theory of neoformalist judging in the actual practices of lawyers and judges in America.

Balkinization 2003

Not a particularly good example of neoformalist judging.

Balkinization 2003