Hot off the presses?

Do me a favor: Compare Adam Liptak's article in the NYT Today in which he reports on Samuel R. Gross's upcoming rejoinder to Justice Scalia's opinion in Kanas v. Marsh,


with this piece from the Boston Globe published in 2006 (by me). I think Professor Gross does some fine work, but the fact that his rejoinder is coming out now--literally years after Marquis's crap was published, and years after it was cited approvingly by Scalia--just confirms all my unfortunate feelings about the sclerotic nature of much of legal scholarship and almost all legal academic publishing.

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