Saturday, May 9, 2015

"Did Laurence Tribe Sell Out?"

Asks lawprof Tim Wu in The New Yorker. Key paragraph:
How you feel about this work probably depends on how you feel about the use of the Constitution as an anti-regulatory tool and the idea of corporations as constitutional �persons.� Tribe has taken a strong view of individual rights; his view of corporate rights is similar, and in this capacity he has at times advanced constitutional arguments that might invalidate great parts of the administrative state, in a manner recalling the Supreme Court�s jurisprudence of the nineteen-twenties and thirties. In that sense, the current condemnation of Tribe can be seen as part of a larger progressive backlash against the use of the Bill of Rights to serve corporate interests.

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