The fundamental thesis of Constitutional Law as Fiction is that in writing the opinion that explains a judgment, a judge not only analyzes and organizes precedent and makes and defends policy or value judgments, but he or she also tells a story, much as a historian does.
Like a history, this story has the appearance of simple truth, but, in fact, of necessity, it is a "fiction" as well--not in the sense of a lie or fairy tale, but in the sense of a constructed meaning. Strangely enough, these fictions persuade those who read them and those who write them, and without this...
The fundamental thesis of Constitutional Law as Fiction is that in writing the opinion that explains a judgment, a judge not only analyzes...
Watergate has already told us much about the political dynamics of the presidency. In "Political Discourse," L. H. LaRue shows that it can also reveal much about Congress, the men and women we elect to be our collective voice in Washington. Retracing the debates in the House Judiciary Committee as it voted on the articles of impeachment, LaRue shows that our representatives--all of them lawyers--chose to center their discussions largely on the president's violation of the law.
Yet, LaRue suggests, far greater matters than simple lawlessness were at stake. By choosing to organize their...
Watergate has already told us much about the political dynamics of the presidency. In "Political Discourse," L. H. LaRue shows that it can also rev...