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Scholars in the Arena: Some Thoughts on Better Bridge Building

Published online by Cambridge University Press:  27 August 2003

Patricia M. Wald
Affiliation:
([email protected]) was formerly a judge on the International Criminal Tribunal for the former Yugoslavia. She also served as chief judge for the U.S. Court of Appeals for the D.C. Circuit and as assistant attorney general for legislative affairs. Wald received her LL.B. from Yale Law School in 1951

Extract

In my twilight years, I often think about why law is more isolationistthan other disciplines, particularly other social sciences. Why, when, as Justice Benjamin N. Cardozo noted almost a century ago, “the great tides and currents which engulf the rest of man, do not turn aside in their course, and pass the judges by,”Cardozo 1921, 168. doesn't the law draw more avidly on the experience, knowledge, analysis, and pure thought that pour out from universities, think tanks, and what Judge Richard Posner, somewhat depreciatingly, calls “public intellectuals”?

Type
Perspectives
Copyright
© 2003 by the American Political Science Association

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References

Abrams v. United States. 250 U.S. 616 (1919)
Atkins v. Virginia. 536 U.S. 310–311 (2002)
Axtman Kris 2002 US milestones: 100th death-row inmate exonerated Christian Science Monitor 12 April, Sec. U.S.A. 1
Board of Trustees of Univ. of Ala. v. Garrett. 531 U.S. 356 (2001)
Bork Robert H. 1978 The Antitrust Paradox: A Policy at War with Itself New York Basic Books
Brown v. Board of Education. 347 U.S. 483 (1954)
Cardozo Benjamin N. 1921 The Nature of the Judicial Process New Haven Yale University Press
Central and East European Law Initiative 2000. Political Killings in Kosova/Kosovo, March–June 1999 Washington, D.C. American Bar Association
FEC v. Colorado Republican Federal Campaign Committee. 533 U.S. 431 (2001)
Ferguson v. City of Charleston. 532 U.S. 67 (2001)
Goldstein Joseph Anna Freud Albert J. Solnit 1973 Beyond the Best Interests of the Child New York Free Press
Goldstein Joseph Anna Freud Albert J. Solnit 1979 Before the Best Interests of the Child New York Free Press
Goldstein Joseph Anna Freud Albert J. Solnit 1986 In the Best Interests of the Child: Professional Boundaries New York Free Press
Hansen Mark 2002 When expert testimony fails the test: District courts disagree on what defines causation evidence in drug disability cases ABA Journal 88 (January), 22 Google Scholar
Hathaway Oona A. 2001 Path dependence in the law: The course and pattern of legal change in a common law system Iowa Law Review 86 1 601-61 Google Scholar
Holmes Oliver Wendell Jr 1897 The path of the law Harvard Law Review 10 457 465 Google Scholar
Huber Peter W. 1991 Galileo's Revenge: Junk Science in the Courtroom New York Basic Books
Hunt v. Cromartie. 532 U.S. 234 (2001)
Kolata Gina 2002 Different conclusion from the same study The New York Times 9 April D4 Google Scholar
Martinson Robert 1974 What works? Questions and answers about prison reform Public Interest 35 22 54 Google Scholar
McCleskey v. Kemp, 481 U.S. 279 (1987)
Monahan John Laurens Walker 1986 Social authority: Obtaining, evaluating and establishing social science in law University of Pennsylvania Law Review 134 3 477 517Google Scholar
New York v. Ferber. 458 U.S. 747, 758, note 9 (1982)
Parke-Davis & Co. v. H. K. Mulford & Co. 189 Fed. Rep. 95 (1911)
Posner Richard 1987 The decline of law as an autonomous discipline: 1962–1987 Harvard Law Review 100 4 761-80 Google Scholar
Prosecutor v. Krstic. IT-98-33-T (2 August 2001), paras. 90–4
Scheppele Kim Lane 2002 Declarations of independence: Judicial reactions to political pressure Judicial Independence at the Crossroads: An Interdisciplinary Approach Stephe B. Burbank Barr Friedman Thousand Oaks, Calif. Sage Publications 227-79
United States v. United Shoe Machinery Corp. 110 F. Supp. 295 (D. Mass. 1953)
Wald Patricia 2000 Foreword The Struggle for Constitutional Justice in Post-Communist Europe Herma Schwartz Chicago University of Chicago Press x xxi