The Flight From Judgment: Reflections on Benjamin Barton’s An Empirical Study of Supreme Court Justice Pre-Appointment Experience
Florida Law Review Forum
Jennifer Hendricks, The Flight from Judgment: Reflections on Benjamin Barton's An Empirical Study of Supreme Court Justice Pre-Appointment Experience, 64 Fla. L. Rev. F. 34 (2012), https://scholarship.law.ufl.edu/flr/vol64/iss5/19/, available at http://scholar.law.colorado.edu/articles/977/.
Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court's failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices.
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This article comments on Benjamin H. Barton, An Empirical Study of Supreme Court Justice Pre-Appointment Experience, 64 Fla. L. Rev.1137 (2012).