Today’s links The Golden Rule (them what has the gold makes the rules): Dobbs, SVB, the Internet Archive, antitrust and the law’s foundation in norms, not consistency. Hey look at this: Delights to delectate. This day in history: 2003, 2008, 2018 Colophon: Recent publications, upcoming/recent appearances, current writing projects, current reading The Golden Rule (them what has the gold makes the rules) (permalink) For many Constitutional law scholars, last years’ Dobbs decision on abortion rights at the Supreme Court came as a dismaying shock, because it showed conclusively that conlaw wasn’t a realm of ideologically consistent intellectual foment, but rather, a matter of politics. Writing for Credit Slips, the finance law scholar Adam Levitin admits to feeling a bit of schadenfreude in that moment. The “blue collar” law scholars in “grubby” banking and money fields have always treated the conlaw set as “slightly clueless toffs”: https://www.creditslips.org/creditslips/2023/03/the-death-of-dodd-frank-banking-laws-dobbs-moment.html As a field, conlaw fiercely resists the idea that their field is “largely a battle of normative opinions, without any quasi-objective touchstone or clearly right or wrong answers.” Finance law, by contrast, firmly roots its understanding of outcomes in expediency and politics as much as the text of the law. And of course, every conlaw scholar must know that – at certain points – the Supremes’ most consequential decisions were political, overturning jurisprudence based on shifting cultural attitudes. Think of Abraham Lincoln, whose anti-slavery laws were repeatedly struck down by the SCOTUS of the day. Lincoln’s predecessors had filled the court with pro-slavery southerners…Pluralistic: The Golden Rule (them what has the gold makes the rules) (25 Mar 2023)