D.C. Circuit Review – Reviewed: The Use of Philosophers by the D.C. Circuit
From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice
Much of Professor Rao’s scholarship focuses on administrative law — which no doubt will be discussed during her confirmation hearing. That scholarship, for what it is worth, is “well regarded” by folks from different ideological perspectives. As a law student, however, she published an interesting article about something very different: philosophers. Here at Notice & Comment, we like to help students find note ideas. In that spirit, I thought it would be fun to revisit her student note, A Backdoor to Policy Making: The Use of Philosophers by the Supreme Court.
Now, no doubt, some folks will disagree about her conclusion. That’s par for the course. It also isn’t what I want to talk about. Instead, I want to discuss her empirical results. In particular, she did a search for a bunch of philosophers to see how and whether the Supreme Court cited them. Here is her list of philosophers:
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