Tyrannous Lex

Iowa Law Review

Volumn 82, Issue 2, 1997, Pages 689-715

  Baker, Thomas E ^a,b,c  

^a TEXAS TECH UNIVERSITY   (United States)

^b FLORIDA STATE UNIVERSITY   (United States)

^c UNIVERSITY OF FLORIDA   (United States)

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EID: 0031511152     PISSN: 00210552     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (232)

1. Robert Burton, Democritus to the Reader, in The Anatomy of Melancholy 51 (1927).
2. Jurassic Park (Amblin Entertainment 1993).
3. See Gregory S. Paul, Predatory Dinosaurs of the World 408-09 tbl. (1988) (finding that predatory dinosaur populations for a given year in the best known theropod-formations was 1,465,000) (1988); id. at 408 (noting that T. Rex populations in the Western North America region would have been only in the "low hundreds of thousands"); Ray August, The Mythical Kingdom of Lawyers, A.B.A. J., Sept. 1992, at 72 (noting that the world's lawyer population as of 1987 was 7.3 million). There is some controversy among paleontologists over whether T. Rex was a scavenger rather than a predator. See Lawrence Mondi, One Mean Bite, Time, Sept. 2, 1996, at 57. The movie fact that they eat lawyers may be more significant than we realized. See supra note 2 and accompanying text.
4. See Gregory S. Paul, Predatory Dinosaurs of the World 408-09 tbl. (1988) (finding that predatory dinosaur populations for a given year in the best known theropod-formations was 1,465,000) (1988); id. at 408 (noting that T. Rex populations in the Western North America region would have been only in the "low hundreds of thousands"); Ray August, The Mythical Kingdom of Lawyers, A.B.A. J., Sept. 1992, at 72 (noting that the world's lawyer population as of 1987 was 7.3 million). There is some controversy among paleontologists over whether T. Rex was a scavenger rather than a predator. See Lawrence Mondi, One Mean Bite, Time, Sept. 2, 1996, at 57. The movie fact that they eat lawyers may be more significant than we realized. See supra note 2 and accompanying text.
5. See Gregory S. Paul, Predatory Dinosaurs of the World 408-09 tbl. (1988) (finding that predatory dinosaur populations for a given year in the best known theropod-formations was 1,465,000) (1988); id. at 408 (noting that T. Rex populations in the Western North America region would have been only in the "low hundreds of thousands"); Ray August, The Mythical Kingdom of Lawyers, A.B.A. J., Sept. 1992, at 72 (noting that the world's lawyer population as of 1987 was 7.3 million). There is some controversy among paleontologists over whether T. Rex was a scavenger rather than a predator. See Lawrence Mondi, One Mean Bite, Time, Sept. 2, 1996, at 57. The movie fact that they eat lawyers may be more significant than we realized. See supra note 2 and accompanying text.
6. See generally Charles Darwin, The Origin of Species 93-144 (1909).
7. See Genesis 3:1-24. For a discussion of the argument between evolutionists and creationists, see generally Phillip E. Johnson, Darwin on Trial (1991) (arguing against evolution); Phillip E. Johnson, Reason in the Balance: The Case Against Naturalism In Science, Law & Education (1995) (arguing that God is, and should be, a part of science, education, and law).
8. See Genesis 3:1-24. For a discussion of the argument between evolutionists and creationists, see generally Phillip E. Johnson, Darwin on Trial (1991) (arguing against evolution); Phillip E. Johnson, Reason in the Balance: The Case Against Naturalism In Science, Law & Education (1995) (arguing that God is, and should be, a part of science, education, and law).
9. See Genesis 3:1-24. For a discussion of the argument between evolutionists and creationists, see generally Phillip E. Johnson, Darwin on Trial (1991) (arguing against evolution); Phillip E. Johnson, Reason in the Balance: The Case Against Naturalism In Science, Law & Education (1995) (arguing that God is, and should be, a part of science, education, and law).
10. See 18 Collier's Encyclopedia 641 (1988) ("Considerable time (perhaps a half million years) . . . [is] required to transform the organic matter into the low-molecular-weight hydrocarbons commonly found in crude petroleum.").
11. See Nancy Millman, Not Every Corner Yet, But Closer Every Day, Chi. Trib., Jan. 21, 1996, at 1.
12. I used 1995 as the base year, but when the relevant data was not available, I used the most recent year for which I could find statistics.
13. Incredibly, the "volume of legal materials published each year has become too great for any law library to collect . . . ." Gail M. Daly, Law Library Evaluation Standards: How Will We Evaluate the Virtual Library?, 45 J. Legal Educ. 61, 65 (1995). "In the past ten years, law libraries have continued to build their collections of traditional research materials at a consistent rate, an average of 6,246 volumes and volume equivalents per year." Scott Finet, The Impact of Technology on Law Library Collection Growth and Space Requirements, 12 L. Reference Services Q, 73, 74 (1992). With the need to add more shelf space and square footage to accommodate new publication, law school library budgets have grown on an average of almost 200 % from 1976 to 1986. See Jane L. Hammond, Library Costs as a Percentage of Law School Budgets, 80 L. Libr. J. 439, 441 (1988) (noting the relationship between law school and law school library budgets). Most spend 18% of the overall law school budget just keeping up with a portion of the annual output of courts, legislatures, and legal commentators. See id. at 442.
14. Incredibly, the "volume of legal materials published each year has become too great for any law library to collect . . . ." Gail M. Daly, Law Library Evaluation Standards: How Will We Evaluate the Virtual Library?, 45 J. Legal Educ. 61, 65 (1995). "In the past ten years, law libraries have continued to build their collections of traditional research materials at a consistent rate, an average of 6,246 volumes and volume equivalents per year." Scott Finet, The Impact of Technology on Law Library Collection Growth and Space Requirements, 12 L. Reference Services Q, 73, 74 (1992). With the need to add more shelf space and square footage to accommodate new publication, law school library budgets have grown on an average of almost 200 % from 1976 to 1986. See Jane L. Hammond, Library Costs as a Percentage of Law School Budgets, 80 L. Libr. J. 439, 441 (1988) (noting the relationship between law school and law school library budgets). Most spend 18% of the overall law school budget just keeping up with a portion of the annual output of courts, legislatures, and legal commentators. See id. at 442.
15. Incredibly, the "volume of legal materials published each year has become too great for any law library to collect . . . ." Gail M. Daly, Law Library Evaluation Standards: How Will We Evaluate the Virtual Library?, 45 J. Legal Educ. 61, 65 (1995). "In the past ten years, law libraries have continued to build their collections of traditional research materials at a consistent rate, an average of 6,246 volumes and volume equivalents per year." Scott Finet, The Impact of Technology on Law Library Collection Growth and Space Requirements, 12 L. Reference Services Q, 73, 74 (1992). With the need to add more shelf space and square footage to accommodate new publication, law school library budgets have grown on an average of almost 200 % from 1976 to 1986. See Jane L. Hammond, Library Costs as a Percentage of Law School Budgets, 80 L. Libr. J. 439, 441 (1988) (noting the relationship between law school and law school library budgets). Most spend 18% of the overall law school budget just keeping up with a portion of the annual output of courts, legislatures, and legal commentators. See id. at 442.
16. See Richard Saul Wurman, Information Overload: What To Do When Anxiety Cripples You, L.A. Times Sun. Mag., Jan. 22, 1989, at 8. ("If you went to the Library of Congress and looked at one book, manuscript or other library resource each minute eight hours a day, five days a week, it would take you more than 688 years to see all 85,895,835 items."). Most law school libraries contain hundreds of thousands of volumes, but even on that smaller order of magnitude, I was not willing to perform an actual physical count of the laws in the United States. See infra note 52.
17. See, e.g., Rosalind Fergusson, The Facts on File Dictionary of Proverbs 139 (1983) (phrasing it more subtly as "Two attorneys can live in a town, when one cannot."). It is at least an interesting footnote digression to note that in American literature the best lines seem to belong to critics of the legal profession. See, e.g., The Oxford Dictionary of American Legal Quotations 271-82 (Fred R. Shapiro ed., 1993) (collecting sixteen "pro" quotations on two pages and sixty-three "con" quotations on seven pages).
18. See, e.g., Rosalind Fergusson, The Facts on File Dictionary of Proverbs 139 (1983) (phrasing it more subtly as "Two attorneys can live in a town, when one cannot."). It is at least an interesting footnote digression to note that in American literature the best lines seem to belong to critics of the legal profession. See, e.g., The Oxford Dictionary of American Legal Quotations 271-82 (Fred R. Shapiro ed., 1993) (collecting sixteen "pro" quotations on two pages and sixty-three "con" quotations on seven pages).
19. For an historical look at the growth of the lawyer population, see B. Peter Pashington, The Market for Lawyers: The Determinants of the Demand for and Supply of Lawyers, 20 J.L. & Econ. 53, 54 tbl.1 (1977); Sherwin Rosen, The Market for Lawyers, 35 J.L. & Econ. 215, 220 tbl.1 (1992).
20. For an historical look at the growth of the lawyer population, see B. Peter Pashington, The Market for Lawyers: The Determinants of the Demand for and Supply of Lawyers, 20 J.L. & Econ. 53, 54 tbl.1 (1977); Sherwin Rosen, The Market for Lawyers, 35 J.L. & Econ. 215, 220 tbl.1 (1992).
21. See Bureau of the Census, U.S. Dep't Of Commerce, Statistical Abstract of the United States 192, tbl. 314 (112th ed. 1992) (reporting the real and projected growth of lawyers in the United States).
22. See Maureen D. Hegell, Profits Up, Crisis Eases, Boston Bus. J., Feb. 16, 1987, at 1.
23. See Murray Singerman, More Lawyers Are a Plus, A.B.A. J., June 1996, at 20; Cheryl K. Walsh, Taking the Mystery Out of the "M" Word, 31 Ariz. Att'y, Oct. 1994, 20 (1994).
24. See Murray Singerman, More Lawyers Are a Plus, A.B.A. J., June 1996, at 20; Cheryl K. Walsh, Taking the Mystery Out of the "M" Word, 31 Ariz. Att'y, Oct. 1994, 20 (1994).
25. See John Silber, Straight Shooting: What's Wrong With America and How to Fix It 213 (1989). But cf. Robert Root-Bernstein, Future Imperfect: Incomplete Models of Nature Guarantee All Predictions Are Unreliable, Discover, Nov. 1993, at 42 (noting that "few natural processes increase at a constant, linear rate").
26. See John Silber, Straight Shooting: What's Wrong With America and How to Fix It 213 (1989). But cf. Robert Root-Bernstein, Future Imperfect: Incomplete Models of Nature Guarantee All Predictions Are Unreliable, Discover, Nov. 1993, at 42 (noting that "few natural processes increase at a constant, linear rate").
27. George L. Priest, The Growth of Interdisciplinary Research and the Industrial Structure of the Production of Legal Ideas: A Reply to Judge Edwards, 91 Mich. L. Rev. 1929, 1937 (1993).
28. Saundra Torry, Quayle and Curtin Generate More Heat than Light in ABA Debate, Wash. Post, Aug. 19, 1991, at F5.
29. 1994 Bureau of Justice Statistics Sourcebook of Criminal Justice Statistics 2, tbl. 1.1 (1995) [hereinafter Justice Statistics].
30. See id. at 2, tbl. 1.1 (indicating that total government expenditures in 1982 were approximately $36 billion).
31. See id. at 11, tbL 1.7.
32. See Walter E. Hoadley, Excessive Litigation - Negative Force in the Economy, Bus. Econ., Oct 1992, at 9.
33. See id.
34. See id. Such estimates do not consider other indirect effects of rising legal costs and liability. Risk-taking and entrepreneurship, once the mark of our growing country, have substantially subsided due to "[t]he staggering number of new and existing federal and state statutes and regulations [which lead to] uncertainty and often contradictions in the law." Id.
35. See id.
36. Id.
37. Hoadley, supra note 22, at 9.
38. In his fictional novel, Bleak House, Charles Dickens describes the horrors of a probate litigation that continued without end with the following passage: Jarndyce and Jarndyce drones on . . . . Innumerable children have been born into the cause; innumerable young people have been married into it; innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce and Jarndyce, without knowing how or why; whole families have inherited legendary hatreds with the suit. The little plaintiff or defendant, who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled, has grown up, possessed himself of a real horse, and trotted away into another world. Fair wards of court have faded into mothers and grandmothers; a long procession of Chancellors has come in and gone out; the legion of bills in the suit have been transformed into mere bills of mortality; there are not three Jarndyces left upon the earth perhaps, since old Tom Jarndyce in despair blew his brains out at a coffee-house in Chancery Lane; but Jarndyce and Jarndyce still drags its dreary length before the Court, perennially hopeless. Charles Dickens, Bleak House 52 (Norman Page ed., Penguin Books 1971) (1853). See generally W.S. Holdworth, Charles Dickens as a Legal Historian 79-115 (1929) (describing how Dickens accurately depicted the legal system of his day).
39. In his fictional novel, Bleak House, Charles Dickens describes the horrors of a probate litigation that continued without end with the following passage: Jarndyce and Jarndyce drones on . . . . Innumerable children have been born into the cause; innumerable young people have been married into it; innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce and Jarndyce, without knowing how or why; whole families have inherited legendary hatreds with the suit. The little plaintiff or defendant, who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled, has grown up, possessed himself of a real horse, and trotted away into another world. Fair wards of court have faded into mothers and grandmothers; a long procession of Chancellors has come in and gone out; the legion of bills in the suit have been transformed into mere bills of mortality; there are not three Jarndyces left upon the earth perhaps, since old Tom Jarndyce in despair blew his brains out at a coffee-house in Chancery Lane; but Jarndyce and Jarndyce still drags its dreary length before the Court, perennially hopeless. Charles Dickens, Bleak House 52 (Norman Page ed., Penguin Books 1971) (1853). See generally W.S. Holdworth, Charles Dickens as a Legal Historian 79-115 (1929) (describing how Dickens accurately depicted the legal system of his day).
40. James H. Andrews, Do Too Many Lawyers Spoil the Economy?, Christian Sci. Monitor, Feb. 15, 1994, at 8; see also Alan Abrahamson, Trimming Number of Lawyers Would Spur Economy, L.A. Times, Jan. 15, 1995, at B4 (catagorizing the debate between Magee and his opponents as a mark of "serious scholarship on an issue that has captivated public fancy for about 10 years"); Christopher B. Kende, U.S. Legal System: A Burden on Trade, Nat'l L.J., July 1, 1996, at A17 (describing the competitive disadvantage that the American legal system and the resulting large jury verdicts create for the United States in the international marketplace).
41. James H. Andrews, Do Too Many Lawyers Spoil the Economy?, Christian Sci. Monitor, Feb. 15, 1994, at 8; see also Alan Abrahamson, Trimming Number of Lawyers Would Spur Economy, L.A. Times, Jan. 15, 1995, at B4 (catagorizing the debate between Magee and his opponents as a mark of "serious scholarship on an issue that has captivated public fancy for about 10 years"); Christopher B. Kende, U.S. Legal System: A Burden on Trade, Nat'l L.J., July 1, 1996, at A17 (describing the competitive disadvantage that the American legal system and the resulting large jury verdicts create for the United States in the international marketplace).
42. James H. Andrews, Do Too Many Lawyers Spoil the Economy?, Christian Sci. Monitor, Feb. 15, 1994, at 8; see also Alan Abrahamson, Trimming Number of Lawyers Would Spur Economy, L.A. Times, Jan. 15, 1995, at B4 (catagorizing the debate between Magee and his opponents as a mark of "serious scholarship on an issue that has captivated public fancy for about 10 years"); Christopher B. Kende, U.S. Legal System: A Burden on Trade, Nat'l L.J., July 1, 1996, at A17 (describing the competitive disadvantage that the American legal system and the resulting large jury verdicts create for the United States in the international marketplace).
43. See Stephen P. Magee, Letters to the Editor: How Many Lawyers Ruin an Economy, Wall St. J., Sept. 24, 1992, at A17.
44. See Russell Baker, Lawyers for Cars, N.Y. Times, June 8, 1983, at A23. Baker's initial suggestion for the first year of his trade agreement was to keep three dozen lawyers and trade the rest of the estimated 612,000 in a 1:1 ratio; under State Department pressure, he increased the ratio to 3:1, to obtain more cars; in subsequent years, he proposed trading 34,998 of the 35,000 annual law graduates and increasing the ratio to 50-75 cars per lawyer. But Japan balked at this unfavorable rate of exchange. See id.
45. See Oliver Starr, Viewpoints: Congress Creates Market for Lawyers, Dallas Morning News, Oct. 26, 1992, at 13A.
46. See The Rule of Lawyers, Economist, July 18, 1992, at 3. For a less alarmist outlook on lawyer over-grazing of the economy in the United States, see August, supra note 3, at 72 (finding instead that every industrialized country except for Great Britain has more lawyers than the United States). In his 1986 book, Marc Galanter arrived at a third set of comparisons, compiling information demonstrating that the U.S. had 25.8 times Japan, 11.3 times France, 5.6 times West Germany, 3.87 times Great Britain, 2.96 times Italy, and 2.63 times Canada. Marc Galanter, Adjudication, Litigation, and Related Phenomena, in Law and the Social Sciences, 152 166-67 tbl. 3 (Leon Lipsopn & Stan Wheeler eds.,1986).
47. See The Rule of Lawyers, Economist, July 18, 1992, at 3. For a less alarmist outlook on lawyer over-grazing of the economy in the United States, see August, supra note 3, at 72 (finding instead that every industrialized country except for Great Britain has more lawyers than the United States). In his 1986 book, Marc Galanter arrived at a third set of comparisons, compiling information demonstrating that the U.S. had 25.8 times Japan, 11.3 times France, 5.6 times West Germany, 3.87 times Great Britain, 2.96 times Italy, and 2.63 times Canada. Marc Galanter, Adjudication, Litigation, and Related Phenomena, in Law and the Social Sciences, 152 166-67 tbl. 3 (Leon Lipsopn & Stan Wheeler eds.,1986).
48. See Association of American Law Schools: 1995 Handbook 1 (1995); see also Daniel Wise, ABA to Alter Accreditation Process, N.Y. L.J., Jun. 28, 1995 (stating that there are 177); Paula A. Patton, Faculty and Student Body Changing Shape, Nat'l L.J., Nov. 29, 1993, at S16 (stating that there are 176 accredited law schools). There also exist some 57 nonaccredited law schools and 12 correspondence schools which add to the totals. See Robert L. Potts, Too Many Lawyers, Too Few Jobs, Chron. of Higher Educ., Feb. 2, 1996, at B2. Professor Steven Bradford's conclusion that there are some "two billion" non-accredited schools is not substantiated with any reported data. See C. Steven Bradford, Ten Reasons to Attend Law School, 1993 B.Y.U. L. Rev. 921, 923.
49. See Association of American Law Schools: 1995 Handbook 1 (1995); see also Daniel Wise, ABA to Alter Accreditation Process, N.Y. L.J., Jun. 28, 1995 (stating that there are 177); Paula A. Patton, Faculty and Student Body Changing Shape, Nat'l L.J., Nov. 29, 1993, at S16 (stating that there are 176 accredited law schools). There also exist some 57 nonaccredited law schools and 12 correspondence schools which add to the totals. See Robert L. Potts, Too Many Lawyers, Too Few Jobs, Chron. of Higher Educ., Feb. 2, 1996, at B2. Professor Steven Bradford's conclusion that there are some "two billion" non-accredited schools is not substantiated with any reported data. See C. Steven Bradford, Ten Reasons to Attend Law School, 1993 B.Y.U. L. Rev. 921, 923.
50. See Association of American Law Schools: 1995 Handbook 1 (1995); see also Daniel Wise, ABA to Alter Accreditation Process, N.Y. L.J., Jun. 28, 1995 (stating that there are 177); Paula A. Patton, Faculty and Student Body Changing Shape, Nat'l L.J., Nov. 29, 1993, at S16 (stating that there are 176 accredited law schools). There also exist some 57 nonaccredited law schools and 12 correspondence schools which add to the totals. See Robert L. Potts, Too Many Lawyers, Too Few Jobs, Chron. of Higher Educ., Feb. 2, 1996, at B2. Professor Steven Bradford's conclusion that there are some "two billion" non-accredited schools is not substantiated with any reported data. See C. Steven Bradford, Ten Reasons to Attend Law School, 1993 B.Y.U. L. Rev. 921, 923.
51. See Association of American Law Schools: 1995 Handbook 1 (1995); see also Daniel Wise, ABA to Alter Accreditation Process, N.Y. L.J., Jun. 28, 1995 (stating that there are 177); Paula A. Patton, Faculty and Student Body Changing Shape, Nat'l L.J., Nov. 29, 1993, at S16 (stating that there are 176 accredited law schools). There also exist some 57 nonaccredited law schools and 12 correspondence schools which add to the totals. See Robert L. Potts, Too Many Lawyers, Too Few Jobs, Chron. of Higher Educ., Feb. 2, 1996, at B2. Professor Steven Bradford's conclusion that there are some "two billion" non-accredited schools is not substantiated with any reported data. See C. Steven Bradford, Ten Reasons to Attend Law School, 1993 B.Y.U. L. Rev. 921, 923.
52. See Association of American Law Schools: 1995 Handbook 1 (1995); see also Daniel Wise, ABA to Alter Accreditation Process, N.Y. L.J., Jun. 28, 1995 (stating that there are 177); Paula A. Patton, Faculty and Student Body Changing Shape, Nat'l L.J., Nov. 29, 1993, at S16 (stating that there are 176 accredited law schools). There also exist some 57 nonaccredited law schools and 12 correspondence schools which add to the totals. See Robert L. Potts, Too Many Lawyers, Too Few Jobs, Chron. of Higher Educ., Feb. 2, 1996, at B2. Professor Steven Bradford's conclusion that there are some "two billion" non-accredited schools is not substantiated with any reported data. See C. Steven Bradford, Ten Reasons to Attend Law School, 1993 B.Y.U. L. Rev. 921, 923.
53. See Patton, supra note 34, at S16. One source noted that more than 40,000 lawyers graduate each year and join the ranks of lawyers. See, e.g., Hope Viner Samborn, Post-Law School Job May Be As Paralegal, A.B.A. J., Mar. 1995, at 14 (noting that in 1993 more that 40,000 students graduated from accredited law schools).
54. See Patton, supra note 34, at S16; see also The Lawyer's Almanac 1992 at 596 (1992) (indicating that there were 51,254 admissions to Bar across the United States in 1990).
55. See Ted Gest, 1994 Annual Guide: America's Best Graduate Schools, U.S. News & World Rep., Mar. 21, 1994, at 70; see also Dirk Johnson, More Scorn and Less Money Dim Law's Lure, N.Y. Times, Sept. 22, 1995, at A1 (noting that applications fell from their peak in 1991 of 94,000 to 78,000 in 1995).
56. See Ted Gest, 1994 Annual Guide: America's Best Graduate Schools, U.S. News & World Rep., Mar. 21, 1994, at 70; see also Dirk Johnson, More Scorn and Less Money Dim Law's Lure, N.Y. Times, Sept. 22, 1995, at A1 (noting that applications fell from their peak in 1991 of 94,000 to 78,000 in 1995).
57. See Bradford, supra note 34, at 922. Bradford's top ten reasons to go to law school are repeated here in case anyone missed them: 1. To preserve your options . . . 2. To learn to think like a lawyer . . . 3. It's cheap . . . 4. To visit exotic locales . . . 5. As a respite between college and work . . . 6. To enter a satisfying, enjoyable profession . . . 7. To learn a foreign language . . . 8. Anyone can do it . . . 9. To work for justice . . . 10. To support law professors . . . . Id. at 922-24.
58. Derek C. Bok, A Flawed System of Law Practice and Training, 33 J. Legal Educ. 570, 573 (1983).
59. Id. at 573. The broadest definition of GLP would include the legal advice provided by lawyers to their clients, what might be considered the law that is "off the books" in the present accounting. This feature of the legal system simply is immeasurable, though its order of magnitude is suggested by the lawyer population figures.
60. Thomas More, Utopia, Book II 60-61 (H.V.S. Ogden trans. & ed., 1949). As if to test this thesis, the International Association of Defense Counsel sponsored a project that took as its premise Shakespeare's oft-misquoted line, spoken by evil anarchist and conspirator Dick the Butcher in Henry VI: "First thing we do, let's kill all the lawyers." William Shakespeare, The Second Part of King Henry the Sixth act 4, sc. 2, 1. 78 (Stanley Wells & Gary Taylor eds., Oxford Shakespeare ed., Oxford Univ. Press 1988). See Thomas W. Overton, Lawyers, Light Bulbs, and Dead Snakes: The Lawyer Joke as a Societal Text, 42 UCLA L. Rev. 1069, 1093-98 (1995) (discussing how Shakespeare's statement, when read in context, is not demeaning to lawyers); Kevin T. Traskos, Kill All the Lawyers?: Shakespeare's Legal Appeal, 93 Mich. L. Rev. 1820, 1820-27 (1995) (critiquing a book by Daniel J. Kornstein explaining many of Shakespeare's remarks about lawyers). This national association of civil litigators convened a panel of lawyers and nonlawyers to imagine what a society without lawyers would be like, exploring various scenarios - like the Watergate crisis-through to fanciful, and decidedly non-utopian, outcomes. The panel concluded that if lawyers were eliminated they eventually would return to play their essential role in society. The panel's report contains a concluding observation that is peculiarly appropriate to the present Essay: The role of law in America today cannot be overemphasized. From each waking moment, a citizen faces a life filled with legal decisions and legal ramifications, from pushing down the lever on the toaster to turning on the water, driving the car, going to work, watching television or getting a blood test. International Association of Defense Counsel Shakespeare Project, Law and Society Following the Demise of the Legal Profession 33-34 (1994).
61. Thomas More, Utopia, Book II 60-61 (H.V.S. Ogden trans. & ed., 1949). As if to test this thesis, the International Association of Defense Counsel sponsored a project that took as its premise Shakespeare's oft-misquoted line, spoken by evil anarchist and conspirator Dick the Butcher in Henry VI: "First thing we do, let's kill all the lawyers." William Shakespeare, The Second Part of King Henry the Sixth act 4, sc. 2, 1. 78 (Stanley Wells & Gary Taylor eds., Oxford Shakespeare ed., Oxford Univ. Press 1988). See Thomas W. Overton, Lawyers, Light Bulbs, and Dead Snakes: The Lawyer Joke as a Societal Text, 42 UCLA L. Rev. 1069, 1093-98 (1995) (discussing how Shakespeare's statement, when read in context, is not demeaning to lawyers); Kevin T. Traskos, Kill All the Lawyers?: Shakespeare's Legal Appeal, 93 Mich. L. Rev. 1820, 1820-27 (1995) (critiquing a book by Daniel J. Kornstein explaining many of Shakespeare's remarks about lawyers). This national association of civil litigators convened a panel of lawyers and nonlawyers to imagine what a society without lawyers would be like, exploring various scenarios - like the Watergate crisis-through to fanciful, and decidedly non-utopian, outcomes. The panel concluded that if lawyers were eliminated they eventually would return to play their essential role in society. The panel's report contains a concluding observation that is peculiarly appropriate to the present Essay: The role of law in America today cannot be overemphasized. From each waking moment, a citizen faces a life filled with legal decisions and legal ramifications, from pushing down the lever on the toaster to turning on the water, driving the car, going to work, watching television or getting a blood test. International Association of Defense Counsel Shakespeare Project, Law and Society Following the Demise of the Legal Profession 33-34 (1994).
62. Thomas More, Utopia, Book II 60-61 (H.V.S. Ogden trans. & ed., 1949). As if to test this thesis, the International Association of Defense Counsel sponsored a project that took as its premise Shakespeare's oft-misquoted line, spoken by evil anarchist and conspirator Dick the Butcher in Henry VI: "First thing we do, let's kill all the lawyers." William Shakespeare, The Second Part of King Henry the Sixth act 4, sc. 2, 1. 78 (Stanley Wells & Gary Taylor eds., Oxford Shakespeare ed., Oxford Univ. Press 1988). See Thomas W. Overton, Lawyers, Light Bulbs, and Dead Snakes: The Lawyer Joke as a Societal Text, 42 UCLA L. Rev. 1069, 1093-98 (1995) (discussing how Shakespeare's statement, when read in context, is not demeaning to lawyers); Kevin T. Traskos, Kill All the Lawyers?: Shakespeare's Legal Appeal, 93 Mich. L. Rev. 1820, 1820-27 (1995) (critiquing a book by Daniel J. Kornstein explaining many of Shakespeare's remarks about lawyers). This national association of civil litigators convened a panel of lawyers and nonlawyers to imagine what a society without lawyers would be like, exploring various scenarios - like the Watergate crisis-through to fanciful, and decidedly non-utopian, outcomes. The panel concluded that if lawyers were eliminated they eventually would return to play their essential role in society. The panel's report contains a concluding observation that is peculiarly appropriate to the present Essay: The role of law in America today cannot be overemphasized. From each waking moment, a citizen faces a life filled with legal decisions and legal ramifications, from pushing down the lever on the toaster to turning on the water, driving the car, going to work, watching television or getting a blood test. International Association of Defense Counsel Shakespeare Project, Law and Society Following the Demise of the Legal Profession 33-34 (1994).
63. Thomas More, Utopia, Book II 60-61 (H.V.S. Ogden trans. & ed., 1949). As if to test this thesis, the International Association of Defense Counsel sponsored a project that took as its premise Shakespeare's oft-misquoted line, spoken by evil anarchist and conspirator Dick the Butcher in Henry VI: "First thing we do, let's kill all the lawyers." William Shakespeare, The Second Part of King Henry the Sixth act 4, sc. 2, 1. 78 (Stanley Wells & Gary Taylor eds., Oxford Shakespeare ed., Oxford Univ. Press 1988). See Thomas W. Overton, Lawyers, Light Bulbs, and Dead Snakes: The Lawyer Joke as a Societal Text, 42 UCLA L. Rev. 1069, 1093-98 (1995) (discussing how Shakespeare's statement, when read in context, is not demeaning to lawyers); Kevin T. Traskos, Kill All the Lawyers?: Shakespeare's Legal Appeal, 93 Mich. L. Rev. 1820, 1820-27 (1995) (critiquing a book by Daniel J. Kornstein explaining many of Shakespeare's remarks about lawyers). This national association of civil litigators convened a panel of lawyers and nonlawyers to imagine what a society without lawyers would be like, exploring various scenarios - like the Watergate crisis-through to fanciful, and decidedly non-utopian, outcomes. The panel concluded that if lawyers were eliminated they eventually would return to play their essential role in society. The panel's report contains a concluding observation that is peculiarly appropriate to the present Essay: The role of law in America today cannot be overemphasized. From each waking moment, a citizen faces a life filled with legal decisions and legal ramifications, from pushing down the lever on the toaster to turning on the water, driving the car, going to work, watching television or getting a blood test. International Association of Defense Counsel Shakespeare Project, Law and Society Following the Demise of the Legal Profession 33-34 (1994).
64. Thomas More, Utopia, Book II 60-61 (H.V.S. Ogden trans. & ed., 1949). As if to test this thesis, the International Association of Defense Counsel sponsored a project that took as its premise Shakespeare's oft-misquoted line, spoken by evil anarchist and conspirator Dick the Butcher in Henry VI: "First thing we do, let's kill all the lawyers." William Shakespeare, The Second Part of King Henry the Sixth act 4, sc. 2, 1. 78 (Stanley Wells & Gary Taylor eds., Oxford Shakespeare ed., Oxford Univ. Press 1988). See Thomas W. Overton, Lawyers, Light Bulbs, and Dead Snakes: The Lawyer Joke as a Societal Text, 42 UCLA L. Rev. 1069, 1093-98 (1995) (discussing how Shakespeare's statement, when read in context, is not demeaning to lawyers); Kevin T. Traskos, Kill All the Lawyers?: Shakespeare's Legal Appeal, 93 Mich. L. Rev. 1820, 1820-27 (1995) (critiquing a book by Daniel J. Kornstein explaining many of Shakespeare's remarks about lawyers). This national association of civil litigators convened a panel of lawyers and nonlawyers to imagine what a society without lawyers would be like, exploring various scenarios - like the Watergate crisis-through to fanciful, and decidedly non-utopian, outcomes. The panel concluded that if lawyers were eliminated they eventually would return to play their essential role in society. The panel's report contains a concluding observation that is peculiarly appropriate to the present Essay: The role of law in America today cannot be overemphasized. From each waking moment, a citizen faces a life filled with legal decisions and legal ramifications, from pushing down the lever on the toaster to turning on the water, driving the car, going to work, watching television or getting a blood test. International Association of Defense Counsel Shakespeare Project, Law and Society Following the Demise of the Legal Profession 33-34 (1994).
65. Thomas More, Utopia, Book II 60-61 (H.V.S. Ogden trans. & ed., 1949). As if to test this thesis, the International Association of Defense Counsel sponsored a project that took as its premise Shakespeare's oft-misquoted line, spoken by evil anarchist and conspirator Dick the Butcher in Henry VI: "First thing we do, let's kill all the lawyers." William Shakespeare, The Second Part of King Henry the Sixth act 4, sc. 2, 1. 78 (Stanley Wells & Gary Taylor eds., Oxford Shakespeare ed., Oxford Univ. Press 1988). See Thomas W. Overton, Lawyers, Light Bulbs, and Dead Snakes: The Lawyer Joke as a Societal Text, 42 UCLA L. Rev. 1069, 1093-98 (1995) (discussing how Shakespeare's statement, when read in context, is not demeaning to lawyers); Kevin T. Traskos, Kill All the Lawyers?: Shakespeare's Legal Appeal, 93 Mich. L. Rev. 1820, 1820-27 (1995) (critiquing a book by Daniel J. Kornstein explaining many of Shakespeare's remarks about lawyers). This national association of civil litigators convened a panel of lawyers and nonlawyers to imagine what a society without lawyers would be like, exploring various scenarios - like the Watergate crisis-through to fanciful, and decidedly non-utopian, outcomes. The panel concluded that if lawyers were eliminated they eventually would return to play their essential role in society. The panel's report contains a concluding observation that is peculiarly appropriate to the present Essay: The role of law in America today cannot be overemphasized. From each waking moment, a citizen faces a life filled with legal decisions and legal ramifications, from pushing down the lever on the toaster to turning on the water, driving the car, going to work, watching television or getting a blood test. International Association of Defense Counsel Shakespeare Project, Law and Society Following the Demise of the Legal Profession 33-34 (1994).
66. See, e.g., Robert C. Clark, Why So Many Lawyers? Are They Good or Bad?, 61 Fordham L. Rev. 275 (1992); Thomas D. Morgan, Economic Reality Facing 21st Century Lawyers, 69 Wash. L. Rev. 625 (1994); Phillip J. Nexon, The Business of the Law in the 1990s, 45 S.C. L. Rev. 1063 (1994). Professor Marc Galanter of the University of Wisconsin has chronicled anti-lawyer leitmotifs in a serious and scholarly article that seeks to refute many of the studies and much of the rhetoric against the profession upon which the present tongue-in-cheek Essay is based. Professor Galanter would agree with at least one of the premises of this Essay, however, in his words, "America is a society that absorbs huge amounts of law and lawyering - both absolutely and compared to other industrial democracies." Marc Galanter, Predators and Parasites: Lawyer-Bashing and Civil Justice, 28 Ga. L. Rev. 633, 677 (1994). He concludes his article: Anti-lawyer feeling varies in both intensity and focus. Of course, episodes of elevated anti-lawyer feeling are never entirely new; they draw on old themes. But they are never just reruns. Such episodes are about more than lawyers: they are about people's responses to the legal system and the wider society in which it is set. The level of discontent with lawyers may be sharply elevated and intensified by groundless panic about the legal system. The most recent round of American lawyer-bashing exhibits elite reaction to the pervasiveness and expense of law and to its new inclusiveness and accountability. This "too much law" critique supplanted the earlier "not enough justice" critique that focused on lawyers' betrayal of their public duties. . . . None of the basic themes of criticism [identifying lawyers as corrupters of discourse, fomenters of strife, betrayers of trust, and predators on the economy] is going to disappear, since they are rooted in the lawyer's role. As we expect ever more of the law and become ever more aware of its shortcomings, the focus of discontent with lawyers may shift once again, but there is little reason to think that its intensity will abate more than temporarily. Id. at 681. See generally Mary Ann Glendon, A Nation Under Lawyers (1994); Anthony T. Kronman, The Lost Lawyer (1993); Centennial Symposium, A Nation Under Lost Lawyers: The Legal Profession at the Close of the Twentieth Century, 100 Dick. L. Rev. 477 (1996).
67. See, e.g., Robert C. Clark, Why So Many Lawyers? Are They Good or Bad?, 61 Fordham L. Rev. 275 (1992); Thomas D. Morgan, Economic Reality Facing 21st Century Lawyers, 69 Wash. L. Rev. 625 (1994); Phillip J. Nexon, The Business of the Law in the 1990s, 45 S.C. L. Rev. 1063 (1994). Professor Marc Galanter of the University of Wisconsin has chronicled anti-lawyer leitmotifs in a serious and scholarly article that seeks to refute many of the studies and much of the rhetoric against the profession upon which the present tongue-in-cheek Essay is based. Professor Galanter would agree with at least one of the premises of this Essay, however, in his words, "America is a society that absorbs huge amounts of law and lawyering - both absolutely and compared to other industrial democracies." Marc Galanter, Predators and Parasites: Lawyer-Bashing and Civil Justice, 28 Ga. L. Rev. 633, 677 (1994). He concludes his article: Anti-lawyer feeling varies in both intensity and focus. Of course, episodes of elevated anti-lawyer feeling are never entirely new; they draw on old themes. But they are never just reruns. Such episodes are about more than lawyers: they are about people's responses to the legal system and the wider society in which it is set. The level of discontent with lawyers may be sharply elevated and intensified by groundless panic about the legal system. The most recent round of American lawyer-bashing exhibits elite reaction to the pervasiveness and expense of law and to its new inclusiveness and accountability. This "too much law" critique supplanted the earlier "not enough justice" critique that focused on lawyers' betrayal of their public duties. . . . None of the basic themes of criticism [identifying lawyers as corrupters of discourse, fomenters of strife, betrayers of trust, and predators on the economy] is going to disappear, since they are rooted in the lawyer's role. As we expect ever more of the law and become ever more aware of its shortcomings, the focus of discontent with lawyers may shift once again, but there is little reason to think that its intensity will abate more than temporarily. Id. at 681. See generally Mary Ann Glendon, A Nation Under Lawyers (1994); Anthony T. Kronman, The Lost Lawyer (1993); Centennial Symposium, A Nation Under Lost Lawyers: The Legal Profession at the Close of the Twentieth Century, 100 Dick. L. Rev. 477 (1996).
68. See, e.g., Robert C. Clark, Why So Many Lawyers? Are They Good or Bad?, 61 Fordham L. Rev. 275 (1992); Thomas D. Morgan, Economic Reality Facing 21st Century Lawyers, 69 Wash. L. Rev. 625 (1994); Phillip J. Nexon, The Business of the Law in the 1990s, 45 S.C. L. Rev. 1063 (1994). Professor Marc Galanter of the University of Wisconsin has chronicled anti-lawyer leitmotifs in a serious and scholarly article that seeks to refute many of the studies and much of the rhetoric against the profession upon which the present tongue-in-cheek Essay is based. Professor Galanter would agree with at least one of the premises of this Essay, however, in his words, "America is a society that absorbs huge amounts of law and lawyering - both absolutely and compared to other industrial democracies." Marc Galanter, Predators and Parasites: Lawyer-Bashing and Civil Justice, 28 Ga. L. Rev. 633, 677 (1994). He concludes his article: Anti-lawyer feeling varies in both intensity and focus. Of course, episodes of elevated anti-lawyer feeling are never entirely new; they draw on old themes. But they are never just reruns. Such episodes are about more than lawyers: they are about people's responses to the legal system and the wider society in which it is set. The level of discontent with lawyers may be sharply elevated and intensified by groundless panic about the legal system. The most recent round of American lawyer-bashing exhibits elite reaction to the pervasiveness and expense of law and to its new inclusiveness and accountability. This "too much law" critique supplanted the earlier "not enough justice" critique that focused on lawyers' betrayal of their public duties. . . . None of the basic themes of criticism [identifying lawyers as corrupters of discourse, fomenters of strife, betrayers of trust, and predators on the economy] is going to disappear, since they are rooted in the lawyer's role. As we expect ever more of the law and become ever more aware of its shortcomings, the focus of discontent with lawyers may shift once again, but there is little reason to think that its intensity will abate more than temporarily. Id. at 681. See generally Mary Ann Glendon, A Nation Under Lawyers (1994); Anthony T. Kronman, The Lost Lawyer (1993); Centennial Symposium, A Nation Under Lost Lawyers: The Legal Profession at the Close of the Twentieth Century, 100 Dick. L. Rev. 477 (1996).
69. See, e.g., Robert C. Clark, Why So Many Lawyers? Are They Good or Bad?, 61 Fordham L. Rev. 275 (1992); Thomas D. Morgan, Economic Reality Facing 21st Century Lawyers, 69 Wash. L. Rev. 625 (1994); Phillip J. Nexon, The Business of the Law in the 1990s, 45 S.C. L. Rev. 1063 (1994). Professor Marc Galanter of the University of Wisconsin has chronicled anti-lawyer leitmotifs in a serious and scholarly article that seeks to refute many of the studies and much of the rhetoric against the profession upon which the present tongue-in-cheek Essay is based. Professor Galanter would agree with at least one of the premises of this Essay, however, in his words, "America is a society that absorbs huge amounts of law and lawyering - both absolutely and compared to other industrial democracies." Marc Galanter, Predators and Parasites: Lawyer-Bashing and Civil Justice, 28 Ga. L. Rev. 633, 677 (1994). He concludes his article: Anti-lawyer feeling varies in both intensity and focus. Of course, episodes of elevated anti-lawyer feeling are never entirely new; they draw on old themes. But they are never just reruns. Such episodes are about more than lawyers: they are about people's responses to the legal system and the wider society in which it is set. The level of discontent with lawyers may be sharply elevated and intensified by groundless panic about the legal system. The most recent round of American lawyer-bashing exhibits elite reaction to the pervasiveness and expense of law and to its new inclusiveness and accountability. This "too much law" critique supplanted the earlier "not enough justice" critique that focused on lawyers' betrayal of their public duties. . . . None of the basic themes of criticism [identifying lawyers as corrupters of discourse, fomenters of strife, betrayers of trust, and predators on the economy] is going to disappear, since they are rooted in the lawyer's role. As we expect ever more of the law and become ever more aware of its shortcomings, the focus of discontent with lawyers may shift once again, but there is little reason to think that its intensity will abate more than temporarily. Id. at 681. See generally Mary Ann Glendon, A Nation Under Lawyers (1994); Anthony T. Kronman, The Lost Lawyer (1993); Centennial Symposium, A Nation Under Lost Lawyers: The Legal Profession at the Close of the Twentieth Century, 100 Dick. L. Rev. 477 (1996).
70. See, e.g., Robert C. Clark, Why So Many Lawyers? Are They Good or Bad?, 61 Fordham L. Rev. 275 (1992); Thomas D. Morgan, Economic Reality Facing 21st Century Lawyers, 69 Wash. L. Rev. 625 (1994); Phillip J. Nexon, The Business of the Law in the 1990s, 45 S.C. L. Rev. 1063 (1994). Professor Marc Galanter of the University of Wisconsin has chronicled anti-lawyer leitmotifs in a serious and scholarly article that seeks to refute many of the studies and much of the rhetoric against the profession upon which the present tongue-in-cheek Essay is based. Professor Galanter would agree with at least one of the premises of this Essay, however, in his words, "America is a society that absorbs huge amounts of law and lawyering - both absolutely and compared to other industrial democracies." Marc Galanter, Predators and Parasites: Lawyer-Bashing and Civil Justice, 28 Ga. L. Rev. 633, 677 (1994). He concludes his article: Anti-lawyer feeling varies in both intensity and focus. Of course, episodes of elevated anti-lawyer feeling are never entirely new; they draw on old themes. But they are never just reruns. Such episodes are about more than lawyers: they are about people's responses to the legal system and the wider society in which it is set. The level of discontent with lawyers may be sharply elevated and intensified by groundless panic about the legal system. The most recent round of American lawyer-bashing exhibits elite reaction to the pervasiveness and expense of law and to its new inclusiveness and accountability. This "too much law" critique supplanted the earlier "not enough justice" critique that focused on lawyers' betrayal of their public duties. . . . None of the basic themes of criticism [identifying lawyers as corrupters of discourse, fomenters of strife, betrayers of trust, and predators on the economy] is going to disappear, since they are rooted in the lawyer's role. As we expect ever more of the law and become ever more aware of its shortcomings, the focus of discontent with lawyers may shift once again, but there is little reason to think that its intensity will abate more than temporarily. Id. at 681. See generally Mary Ann Glendon, A Nation Under Lawyers (1994); Anthony T. Kronman, The Lost Lawyer (1993); Centennial Symposium, A Nation Under Lost Lawyers: The Legal Profession at the Close of the Twentieth Century, 100 Dick. L. Rev. 477 (1996).
71. See, e.g., Robert C. Clark, Why So Many Lawyers? Are They Good or Bad?, 61 Fordham L. Rev. 275 (1992); Thomas D. Morgan, Economic Reality Facing 21st Century Lawyers, 69 Wash. L. Rev. 625 (1994); Phillip J. Nexon, The Business of the Law in the 1990s, 45 S.C. L. Rev. 1063 (1994). Professor Marc Galanter of the University of Wisconsin has chronicled anti-lawyer leitmotifs in a serious and scholarly article that seeks to refute many of the studies and much of the rhetoric against the profession upon which the present tongue-in-cheek Essay is based. Professor Galanter would agree with at least one of the premises of this Essay, however, in his words, "America is a society that absorbs huge amounts of law and lawyering - both absolutely and compared to other industrial democracies." Marc Galanter, Predators and Parasites: Lawyer-Bashing and Civil Justice, 28 Ga. L. Rev. 633, 677 (1994). He concludes his article: Anti-lawyer feeling varies in both intensity and focus. Of course, episodes of elevated anti-lawyer feeling are never entirely new; they draw on old themes. But they are never just reruns. Such episodes are about more than lawyers: they are about people's responses to the legal system and the wider society in which it is set. The level of discontent with lawyers may be sharply elevated and intensified by groundless panic about the legal system. The most recent round of American lawyer-bashing exhibits elite reaction to the pervasiveness and expense of law and to its new inclusiveness and accountability. This "too much law" critique supplanted the earlier "not enough justice" critique that focused on lawyers' betrayal of their public duties. . . . None of the basic themes of criticism [identifying lawyers as corrupters of discourse, fomenters of strife, betrayers of trust, and predators on the economy] is going to disappear, since they are rooted in the lawyer's role. As we expect ever more of the law and become ever more aware of its shortcomings, the focus of discontent with lawyers may shift once again, but there is little reason to think that its intensity will abate more than temporarily. Id. at 681. See generally Mary Ann Glendon, A Nation Under Lawyers (1994); Anthony T. Kronman, The Lost Lawyer (1993); Centennial Symposium, A Nation Under Lost Lawyers: The Legal Profession at the Close of the Twentieth Century, 100 Dick. L. Rev. 477 (1996).
72. See, e.g., Robert C. Clark, Why So Many Lawyers? Are They Good or Bad?, 61 Fordham L. Rev. 275 (1992); Thomas D. Morgan, Economic Reality Facing 21st Century Lawyers, 69 Wash. L. Rev. 625 (1994); Phillip J. Nexon, The Business of the Law in the 1990s, 45 S.C. L. Rev. 1063 (1994). Professor Marc Galanter of the University of Wisconsin has chronicled anti-lawyer leitmotifs in a serious and scholarly article that seeks to refute many of the studies and much of the rhetoric against the profession upon which the present tongue-in-cheek Essay is based. Professor Galanter would agree with at least one of the premises of this Essay, however, in his words, "America is a society that absorbs huge amounts of law and lawyering - both absolutely and compared to other industrial democracies." Marc Galanter, Predators and Parasites: Lawyer-Bashing and Civil Justice, 28 Ga. L. Rev. 633, 677 (1994). He concludes his article: Anti-lawyer feeling varies in both intensity and focus. Of course, episodes of elevated anti-lawyer feeling are never entirely new; they draw on old themes. But they are never just reruns. Such episodes are about more than lawyers: they are about people's responses to the legal system and the wider society in which it is set. The level of discontent with lawyers may be sharply elevated and intensified by groundless panic about the legal system. The most recent round of American lawyer-bashing exhibits elite reaction to the pervasiveness and expense of law and to its new inclusiveness and accountability. This "too much law" critique supplanted the earlier "not enough justice" critique that focused on lawyers' betrayal of their public duties. . . . None of the basic themes of criticism [identifying lawyers as corrupters of discourse, fomenters of strife, betrayers of trust, and predators on the economy] is going to disappear, since they are rooted in the lawyer's role. As we expect ever more of the law and become ever more aware of its shortcomings, the focus of discontent with lawyers may shift once again, but there is little reason to think that its intensity will abate more than temporarily. Id. at 681. See generally Mary Ann Glendon, A Nation Under Lawyers (1994); Anthony T. Kronman, The Lost Lawyer (1993); Centennial Symposium, A Nation Under Lost Lawyers: The Legal Profession at the Close of the Twentieth Century, 100 Dick. L. Rev. 477 (1996).
73. Robert Bolt, A Man for All Seasons 66 (Random House 1962).
74. See Fred Barash, The Founding 43-45 (1987) (listing the members of the convention and their occupations).
75. See Saul K. Padover, The Living U.S. Constitution 28 (2d ed. 1983). But see The U.S. Constitution and Fascinating Facts About It 7-8 (1993) (noting that despite the fact that Madison drafted 'Virginia's Constitution and the model for the U.S. Constitution, he never received a law degree) [hereinafter Fascinating Facts].
76. See Saul K. Padover, The Living U.S. Constitution 28 (2d ed. 1983). But see The U.S. Constitution and Fascinating Facts About It 7-8 (1993) (noting that despite the fact that Madison drafted 'Virginia's Constitution and the model for the U.S. Constitution, he never received a law degree) [hereinafter Fascinating Facts].
77. See Barash, supra note 44, at 43-45.
78. See Lino A. Graglia, "Constitutional Theory": The Attempted Justification for the Supreme Court's Liberal Political Program, 65 Tex. L. Rev. 789, 792 (1987) (noting that to interpret the Constitution "simply means to interpret the intent of its framers, those who wrote and ratified it").
79. Total word count was obtained by downloading the U.S. Constitution from an electronic database onto WordPerfect 6.1 and conducting a word count. But see Fascinating Facts, supra note 45, at 13 (stating that there are 4,021 words to the U.S. Constitution).
80. See supra note 48 (describing the methodology used to obtain a word count for the amendments).
81. See Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803); William W. Van Alstyne, A Critical Guide to Marbury v. Madison, 1969 Duke L.J. 1, 16 (discussing the Court's interpretation of the Constitution in the realm of judicial review).
82. See generally Sanford Levinson, Constitutional Faith 20 (1988); Sanford Levinson, The Confrontation of Religious Faith and Civil Religion: Catholics Becoming Justices, 39 DePaul L. Rev. 1047, (1990); Sanford Levinson, "The Constitution" in American Civil Religion, 1979 Sup. Ct. Rev. 123.
83. See generally Sanford Levinson, Constitutional Faith 20 (1988); Sanford Levinson, The Confrontation of Religious Faith and Civil Religion: Catholics Becoming Justices, 39 DePaul L. Rev. 1047, (1990); Sanford Levinson, "The Constitution" in American Civil Religion, 1979 Sup. Ct. Rev. 123.
84. See generally Sanford Levinson, Constitutional Faith 20 (1988); Sanford Levinson, The Confrontation of Religious Faith and Civil Religion: Catholics Becoming Justices, 39 DePaul L. Rev. 1047, (1990); Sanford Levinson, "The Constitution" in American Civil Religion, 1979 Sup. Ct. Rev. 123.
85. In 1908, Dr. Charles William Eliot, president of Harvard, compiled the Harvard Classics, a canon of masterworks in ancient and modern literature, and advertised them as the famous "Five Foot Bookshelf." See Erich Segal, Starting With Homer, N.Y. Times, Feb. 27, 1983, § 7, at 10. Librarians sometimes refer to the "shelf space" covered by sets of books in their collections. The figures in this Essay estimating the amount of case law depend on this spatial concept, because U.S. courts have decided so many cases and reported so many opinions that to obtain any sense of their volume, one literally has to rely on a yardstick. In such fashion, the total page count for U.S. Reports and all the other case reporters was obtained through the rather unscientific method of measuring the total length of reporters, dividing by a smaller measure for which the page totals were known (by counting them), and multiplying times the known factor. Example: if there were 420 inches of the Federal Reporter (on the shelf length) and 15 inches yielded a hand count of 5,563 pages, then 420 divided by 15 times 5,563 gives an approximate total for the entire series - in this case 155,207 pages. This explanation of methodology admits two facts about the preparation of this Essay: I do not know enough about computers to do better and my research assistants attend law school only for three years.
86. Too often in the most mundane cases, the Justices display a level of randomness and uncertainty that would make Werner Karl Heisenberg glad that he was not a lawyer. For example, this is the official line-up in a case settling a boundary dispute between two states: Blackmun, J., delivered the opinion for a unanimous Court with respect to Parts I, II, III, and VIII, and the opinion of the Court with respect to Part IV, in which Brennan, White, Marshall, Stevens, O'Connor, and Scalia, JJ., joined; with respect to Part V, in which Brennan, White, Marshall, Stevens, O'Connor, and Scalia, JJ., joined, and in which Rehnquist, C.J., and Kennedy, J., joined except for a portion thereof; with respect to part VI, in which Rehnquist, C.J., and Brennan, Stevens, O'Connor, Scalia, and Kennedy, J.J., joined; with respect to Part VII, in which Rehnquist, C.J., and Brennan, White, Marshall, Stevens, and O'Connor, JJ., joined; and with respect to Part IX, in which Rehnquist, C.J., and Brennan, White, Marshall, O'Connor, and Kennedy, JJ., joined, White, J., filed an opinion dissenting in part, in which Marshall, J., joined. Stevens, J., filed an opinion dissenting in part, in which Scalia, J., joined. Scalia, J., filed an opinion dissenting in part, in which Kennedy, J., joined. Kennedy, J., filed an opinion dissenting in part, in which Rehnquist, C.J., joined. Do We Have to Know This for the Exam?, 7 Const. Commentary 223, 223 (1990) (citing Georgia v. South Carolina, 110 S. Ct. 2903, 2906-07 (1990)).
87. See The Supreme Court, 1993 Term, 108 Harv. L. Rev. 23, 376, tbl. II (1994).
88. See id. at 374, tbl. I(C).
89. See id. at 375, tbl. I(D).
90. See Edward R. Becker, In Praise of Footnotes, 74 Wash. U. L.Q. 1, 12-13 (1996) (defending the use of footnotes while acknowledging the valid position of "footnote phobes").
91. The notion of judidal law-making contravenes the standard litany between a nominee for the Supreme Court and the members of the Senate Judiciary Committee during which vows are taken that judges do not make law but only interpret the law they find in the Constitution and statutes. The insight that this is bogus is a commonplace among the legal cognoscenti, but the hollow ritual still plays. A candid judge will tell you, "Judges change rules, period. In the end the law is what the judges do with your case." Richard A. Posner, The Problems of Jurisprudence 21 (1990). Furthermore, note the comments of Justice Scalia: I am not so naive (nor do 1 think our forebears were) as to be unaware that judges in a real sense "make" law. But they make it as judges make it, which is to say as though they were "finding" it - discerning what the law is, rather than decreeing what it is today changed to, or what it will tomorrow be. James B. Beam Distilling Co. v. Georgia, 501 U.S. 529, 549 (1991) (Scalia, J., concurring) (emphasis omitted).
92. See Thomas E. Baker, Rationing Justice On Appeal - The Problems of the U.S. Courts of Appeals 212 (1994) ("In 1975, one federal jurisdiction seer predicted that in the twenty-first century 5,000 circuit judges would be filling 1,000 volumes of Federal Reporter, umpteenth series, disposing of approximately a million appeals - each and every year.") (citing John H. Barton, Behind the Legal Explosion, 27 Stan. L. Rev. 567, 567 (1975)); see also Thomas E. Baker, Judges, Heal Thyselves: The Dawn of F.3d, Legal Times, Mar. 7, 1994, at 30,
93. See Thomas E. Baker, Rationing Justice On Appeal - The Problems of the U.S. Courts of Appeals 212 (1994) ("In 1975, one federal jurisdiction seer predicted that in the twenty-first century 5,000 circuit judges would be filling 1,000 volumes of Federal Reporter, umpteenth series, disposing of approximately a million appeals - each and every year.") (citing John H. Barton, Behind the Legal Explosion, 27 Stan. L. Rev. 567, 567 (1975)); see also Thomas E. Baker, Judges, Heal Thyselves: The Dawn of F.3d, Legal Times, Mar. 7, 1994, at 30,
94. See Thomas E. Baker, Rationing Justice On Appeal - The Problems of the U.S. Courts of Appeals 212 (1994) ("In 1975, one federal jurisdiction seer predicted that in the twenty-first century 5,000 circuit judges would be filling 1,000 volumes of Federal Reporter, umpteenth series, disposing of approximately a million appeals - each and every year.") (citing John H. Barton, Behind the Legal Explosion, 27 Stan. L. Rev. 567, 567 (1975)); see also Thomas E. Baker, Judges, Heal Thyselves: The Dawn of F.3d, Legal Times, Mar. 7, 1994, at 30,
95. reprinted at 5 Scribes J. Legal Writing 139 (1994-95).
96. Between December 1994 and December 1995, West published volumes 42 through 72, each consisting of approximately 1,580 pages.
97. The 1995-96 Manhattan Yellow Pages conta ins 1,578 pages. See NYNEX Yellow Pages, Information Resources Co. 1995, Apr. 95-Mar. 96. In contrast, the Federal Third Reporter series now averages around 1,580 pages per volume. See supra note 60.
98. See Conference of State Court Adm'rs, State Court Caseload Statistics: 1992 Annual Report 43 (1994) [hereinafter 1992 Annual Report]. The Federal Courts' caseload has substantially increased since 1992.
99. Black's Law Dictionary 613 (6th ed. 1990).
100. Between December 1994 and December 1995, volumes 160 through 163 were published, adding 1,058 pages.
101. Total measurements for U.S. Reports, Federal Reporters, Federal Supplement, and the Federal Rules of Decision amount to approximately 6,063 inches or 168 yards. Cf. supra note 52.
102. See G. Alan Tarr, Understanding State Constitutions, 65 Temp. L. Rev. 1169, 1170 (1992). State constitutions typically include great amounts of minutiae and strange provisions that would seem better suited to statutes or regulations. Texas legislators recently put the following provision on the ballot, and Texas voters added it to the State's highest law. Now the basic charter of the State includes this provision: Sec. 47. (b) The Legislature by law may authorize and regulate bingo games conducted by a church, synagogue, religious society, volunteer fire department, nonprofit veterans organization, fraternal organization, or nonprofit organization supporting medical research or treatment programs. A law enacted under this subsection must permit the qualified voters of any county, justice precinct, or incorporated city or town to determine from time to time by a majority vote of the qualified voters voting on the question at an election whether bingo games may be held in the county, justice precinct, or city or town . . . . Texas Const. art 3, § 47 (Vernons 1995); see also Janice May, State Constitutions and Constitutional Revision: 1988-89 and the 1980s, in 1990-91 Book of the States 40, tbl. 1.1 (1990) (indicating that the word count for the states ranges from 6,600 in Vermont to 174,000 in Alabama, with the average for the 50 states being over 28,000 words).
103. See G. Alan Tarr, Understanding State Constitutions, 65 Temp. L. Rev. 1169, 1170 (1992). State constitutions typically include great amounts of minutiae and strange provisions that would seem better suited to statutes or regulations. Texas legislators recently put the following provision on the ballot, and Texas voters added it to the State's highest law. Now the basic charter of the State includes this provision: Sec. 47. (b) The Legislature by law may authorize and regulate bingo games conducted by a church, synagogue, religious society, volunteer fire department, nonprofit veterans organization, fraternal organization, or nonprofit organization supporting medical research or treatment programs. A law enacted under this subsection must permit the qualified voters of any county, justice precinct, or incorporated city or town to determine from time to time by a majority vote of the qualified voters voting on the question at an election whether bingo games may be held in the county, justice precinct, or city or town . . . . Texas Const. art 3, § 47 (Vernons 1995); see also Janice May, State Constitutions and Constitutional Revision: 1988-89 and the 1980s, in 1990-91 Book of the States 40, tbl. 1.1 (1990) (indicating that the word count for the states ranges from 6,600 in Vermont to 174,000 in Alabama, with the average for the 50 states being over 28,000 words).
104. See Sanford Levinson, How Many Times Has the United States Constitution Been Amended? (A) <26; (B) 26; (C) 27; (D) >27: Accounting for Constitutional Change, in Responding to Imperfection - The Theory and Practice of Constitutional Amendment 13 (Sanford Levinson ed., 1995).
105. See Tarr, supra note 66, at 1171 (indicating that some state constitutions include over one-hundred amendments).
106. Id.
107. A tally of all amendments to state constitutions currently in force yields a total of 8,279 submitted to the voters in 49 states, 5,083 approved by the voters in 49 states, and 5,198 adopted in the 50 states. The average number of amendments for each state then becomes 169 proposed to the voters, 103.7 ratified by the voters, and 103.9 adopted. Janice C. May, Constitutional Amendment and Revision Revisited, Publius: The Journal of Federalism, Winter 1987, at 153, 162.
108. See Janice C. May, supra note 66, at 40, tbl. 1.1.
109. See id.
110. State appellate courts were estimated to have handled 259,276 cases in 1992. See 1992 Annual Report, supra note 62, at 51, fig. II.2 (1994).
111. Two years later, in 1994, a record 263,000 appeals were filed in the state appellate courts. Brian J. Ostrom & Neal B. Kauder, Examining the Work of State Courts: 1994, at 9 (1996).
112. See supra note 52 (detailing the methodology used to determine the page count).
113. 1992 Annual Report, supra note 62, at xi.
114. Thomas E. Baker, A View to the Future of Judicial Federalism: "Neither Out Far Nor In Deep", 45 Case W. Res. L. Rev. 705, 716 (1995).
115. See 1992 Annual Report, supra note 62, at 43, fig. I.60.
116. See id. at 3. There were in excess of 93 million new cases filed in 1992 in the trial courts of the various states. This figure breaks down further into almost "33 million civil and criminal cases, nearly 2 million juvenile cases, and over 59 million traffic cases." Id.
117. Steven Stark, Too Representative Government, Atlantic Monthly, May 1995, at 92.
118. See Jacque Crouse, Lawmakers Often Lawyers, San Antonio Express, Feb. 9, 1996, available in WL 2820703, at *1. Of the 440 members of the House of Representatives, 170 are lawyers compared with the Senate, where 54 of 100 are lawyers. Id.
119. See 140 Cong. Rec. D1275 (daily ed. Dec. 20, 1994) (resume of congressional activity of the one hundred third Congress).
120. In the 103d Congress, the Water Bank Extension Act of 1994 amounted to less than one page in the United States Statutes at Large. See Pub. L. No. 103-393, 108 Stat. 4105 (1994). In contrast, the Improving America's Schools Act of 1994 constituted a book itself, consisting of over 540 pages. See Pub. L. No. 103-382, 108 Stat. 3518-4062 (1994).
121. See S. 2357, 103d Cong. (1994) (short title: "Health Security Act"); see also The White House Domestic Policy Council, Health Security: The President's Report to the American People (1993) (summarizing the Health Security Act in a robust 136 pages).
122. For example, during the most recently completed Congress, the 103d, there were 7883 bills introduced between January 5, 1993 and December 1, 1994. Of these bills, only a small fraction, 473 or 6%, were actually enacted into law. The rest were for naught See 140 Cong. Rec. D1275 (daily ed. Dec. 20, 1994).
123. See id.
124. See 25 Cong. Information Service Annual: 1994 Index to Cong. Publications and Legislative History 761, 762 (1995).
125. See id. at vii.
126. See 1-50 U.S.C. (1994). Titles 6 and 34 were repealed or eliminated by Titles 31 and 10 respectively.
127. See U.S. Const. art. VI; see also Missouri v. Holland, 252 U.S. 416, 432 (1920).
128. See generally 1 United States Treaty Index: 1776-1990 Consolidation (Igor I. Kavass ed., 1991) Between 1776 and 1949 there were a total of 2,177 treaties enacted. See id. These may be further broken down by series as follows: 994 in the Treaty Series, 1776-1945, id. at 3-372; 506 in the Executive Agreement Series, 1929-1945, id. at 375-491; and 677 in the Additional Document Series, 1778-1949. Id. at 495-626.
129. There are 9,900 treaties listed in the Treaty Series (TIAS 1501-11400) and an additional 3,500 in the Kavass Series (KAV 1-3500) totalling 13,400 treaties. See 2-5 United States Treaty Index: 1776-1990 Consolidation (Igor I. Kavass ed., 1991); United States Treaty Index: 1776-1990 Consolidation, Supplement I (Igor I. Kavass ed., 1993).
130. See Andrew Blum, States Added Total of 22,000, Nat'l L.J., Jan. 22, 1996, at A6.
131. See id.
132. In Lubbock, Texas, a community every bit as cosmopolitan as Lake Wobegon, there are 9,914 municipal ordinances on the books, though some have been superseded. That amounts to about one law for every twenty residents. Telephone Interview with Florence Searcy, City Secretary's Office, City of Lubbock (Jun. 12, 1996).
133. In Arizona, even the sun is not above the law as the state in 1968 passed a law rejecting the observance of daylight-savings time. See Ariz. Rev. Stat. Ann. § 1-242 (West 1994). Indiana also exempted itself from observing daylight-savings time in 1972. See Ind. Code § 1-1-8.1-1 (1996).
134. Such sheer numbers legitimately engender our marvel, if not our paranoia, considering the long-standing legal maxim that "ignorance of the law is no excuse." See A Dictionary of Legal Quotations 42 (Simon James & Chantal Stebbings eds., 1987) ("Ignorantia juris non excusat"). To provide a complete survey of all the extant codifications of the law, one must also take into account the efforts undertaken by the American Law Institute (ALI) in 1923 commonly referred to as the Restatements of the Law. See William Draeper Lewis, History of the ALI and the First Restatement of the Law, in ALI, Restatement in the Courts 9 (ALI, permanent ed. 1945). Initially published in the areas of contracts, torts, and conflict of laws, the Restatements presently consist of numerous volumes that summarize the law in over 15 general areas. The ALI Annual Reports, 73rd Annual Meeting, May 14-17, 1996, at 23-24 [hereinafter ALI Annual Reports]. The original object of ALI was to present a comprehensive summary of the common law of the United States. The Institute's purposes are stated in its current bylaws: Sec. 1.01 The particular business and objects of the society are educational, and are to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work. Id. at 59. Rather than merely tally the various decisions of jurisdictions in the United States to pronounce a majority rule, the Restatements seek instead to influence and proclaim what the law should be in a disputed area of the law in order to ultimately improve the administration of justice. See William M. Borchard, ALI - Restatement of the Law, Third: Unfair Competition (Nov. 4, 1994). The restatements of the law have contributed substantially to the direction of the law; they are taught in the law schools of the nation, they have been cited as authoritative guidance more than 133,000 times in judicial opinions at the state and federal level, ALI Annual Reports, at 23-4, and they represent the collective product of some of the brightest and most insightful legal minds in the various legal fields covered. See Black's Law Dictionary 910 (Abridged 6th ed. 1991) . As the law changes, so too do the Restatements change over the years. Current ALI projects include revision and publication of the Third Restatement of the Law for many of the topical areas. See ALI Annual Reports, at 1, 6, 9.
135. Such sheer numbers legitimately engender our marvel, if not our paranoia, considering the long-standing legal maxim that "ignorance of the law is no excuse." See A Dictionary of Legal Quotations 42 (Simon James & Chantal Stebbings eds., 1987) ("Ignorantia juris non excusat"). To provide a complete survey of all the extant codifications of the law, one must also take into account the efforts undertaken by the American Law Institute (ALI) in 1923 commonly referred to as the Restatements of the Law. See William Draeper Lewis, History of the ALI and the First Restatement of the Law, in ALI, Restatement in the Courts 9 (ALI, permanent ed. 1945). Initially published in the areas of contracts, torts, and conflict of laws, the Restatements presently consist of numerous volumes that summarize the law in over 15 general areas. The ALI Annual Reports, 73rd Annual Meeting, May 14-17, 1996, at 23-24 [hereinafter ALI Annual Reports]. The original object of ALI was to present a comprehensive summary of the common law of the United States. The Institute's purposes are stated in its current bylaws: Sec. 1.01 The particular business and objects of the society are educational, and are to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work. Id. at 59. Rather than merely tally the various decisions of jurisdictions in the United States to pronounce a majority rule, the Restatements seek instead to influence and proclaim what the law should be in a disputed area of the law in order to ultimately improve the administration of justice. See William M. Borchard, ALI - Restatement of the Law, Third: Unfair Competition (Nov. 4, 1994). The restatements of the law have contributed substantially to the direction of the law; they are taught in the law schools of the nation, they have been cited as authoritative guidance more than 133,000 times in judicial opinions at the state and federal level, ALI Annual Reports, at 23-4, and they represent the collective product of some of the brightest and most insightful legal minds in the various legal fields covered. See Black's Law Dictionary 910 (Abridged 6th ed. 1991) . As the law changes, so too do the Restatements change over the years. Current ALI projects include revision and publication of the Third Restatement of the Law for many of the topical areas. See ALI Annual Reports, at 1, 6, 9.
136. Such sheer numbers legitimately engender our marvel, if not our paranoia, considering the long-standing legal maxim that "ignorance of the law is no excuse." See A Dictionary of Legal Quotations 42 (Simon James & Chantal Stebbings eds., 1987) ("Ignorantia juris non excusat"). To provide a complete survey of all the extant codifications of the law, one must also take into account the efforts undertaken by the American Law Institute (ALI) in 1923 commonly referred to as the Restatements of the Law. See William Draeper Lewis, History of the ALI and the First Restatement of the Law, in ALI, Restatement in the Courts 9 (ALI, permanent ed. 1945). Initially published in the areas of contracts, torts, and conflict of laws, the Restatements presently consist of numerous volumes that summarize the law in over 15 general areas. The ALI Annual Reports, 73rd Annual Meeting, May 14-17, 1996, at 23-24 [hereinafter ALI Annual Reports]. The original object of ALI was to present a comprehensive summary of the common law of the United States. The Institute's purposes are stated in its current bylaws: Sec. 1.01 The particular business and objects of the society are educational, and are to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work. Id. at 59. Rather than merely tally the various decisions of jurisdictions in the United States to pronounce a majority rule, the Restatements seek instead to influence and proclaim what the law should be in a disputed area of the law in order to ultimately improve the administration of justice. See William M. Borchard, ALI - Restatement of the Law, Third: Unfair Competition (Nov. 4, 1994). The restatements of the law have contributed substantially to the direction of the law; they are taught in the law schools of the nation, they have been cited as authoritative guidance more than 133,000 times in judicial opinions at the state and federal level, ALI Annual Reports, at 23-4, and they represent the collective product of some of the brightest and most insightful legal minds in the various legal fields covered. See Black's Law Dictionary 910 (Abridged 6th ed. 1991) . As the law changes, so too do the Restatements change over the years. Current ALI projects include revision and publication of the Third Restatement of the Law for many of the topical areas. See ALI Annual Reports, at 1, 6, 9.
137. Such sheer numbers legitimately engender our marvel, if not our paranoia, considering the long-standing legal maxim that "ignorance of the law is no excuse." See A Dictionary of Legal Quotations 42 (Simon James & Chantal Stebbings eds., 1987) ("Ignorantia juris non excusat"). To provide a complete survey of all the extant codifications of the law, one must also take into account the efforts undertaken by the American Law Institute (ALI) in 1923 commonly referred to as the Restatements of the Law. See William Draeper Lewis, History of the ALI and the First Restatement of the Law, in ALI, Restatement in the Courts 9 (ALI, permanent ed. 1945). Initially published in the areas of contracts, torts, and conflict of laws, the Restatements presently consist of numerous volumes that summarize the law in over 15 general areas. The ALI Annual Reports, 73rd Annual Meeting, May 14-17, 1996, at 23-24 [hereinafter ALI Annual Reports]. The original object of ALI was to present a comprehensive summary of the common law of the United States. The Institute's purposes are stated in its current bylaws: Sec. 1.01 The particular business and objects of the society are educational, and are to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work. Id. at 59. Rather than merely tally the various decisions of jurisdictions in the United States to pronounce a majority rule, the Restatements seek instead to influence and proclaim what the law should be in a disputed area of the law in order to ultimately improve the administration of justice. See William M. Borchard, ALI - Restatement of the Law, Third: Unfair Competition (Nov. 4, 1994). The restatements of the law have contributed substantially to the direction of the law; they are taught in the law schools of the nation, they have been cited as authoritative guidance more than 133,000 times in judicial opinions at the state and federal level, ALI Annual Reports, at 23-4, and they represent the collective product of some of the brightest and most insightful legal minds in the various legal fields covered. See Black's Law Dictionary 910 (Abridged 6th ed. 1991) . As the law changes, so too do the Restatements change over the years. Current ALI projects include revision and publication of the Third Restatement of the Law for many of the topical areas. See ALI Annual Reports, at 1, 6, 9.
138. Such sheer numbers legitimately engender our marvel, if not our paranoia, considering the long-standing legal maxim that "ignorance of the law is no excuse." See A Dictionary of Legal Quotations 42 (Simon James & Chantal Stebbings eds., 1987) ("Ignorantia juris non excusat"). To provide a complete survey of all the extant codifications of the law, one must also take into account the efforts undertaken by the American Law Institute (ALI) in 1923 commonly referred to as the Restatements of the Law. See William Draeper Lewis, History of the ALI and the First Restatement of the Law, in ALI, Restatement in the Courts 9 (ALI, permanent ed. 1945). Initially published in the areas of contracts, torts, and conflict of laws, the Restatements presently consist of numerous volumes that summarize the law in over 15 general areas. The ALI Annual Reports, 73rd Annual Meeting, May 14-17, 1996, at 23-24 [hereinafter ALI Annual Reports]. The original object of ALI was to present a comprehensive summary of the common law of the United States. The Institute's purposes are stated in its current bylaws: Sec. 1.01 The particular business and objects of the society are educational, and are to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work. Id. at 59. Rather than merely tally the various decisions of jurisdictions in the United States to pronounce a majority rule, the Restatements seek instead to influence and proclaim what the law should be in a disputed area of the law in order to ultimately improve the administration of justice. See William M. Borchard, ALI - Restatement of the Law, Third: Unfair Competition (Nov. 4, 1994). The restatements of the law have contributed substantially to the direction of the law; they are taught in the law schools of the nation, they have been cited as authoritative guidance more than 133,000 times in judicial opinions at the state and federal level, ALI Annual Reports, at 23-4, and they represent the collective product of some of the brightest and most insightful legal minds in the various legal fields covered. See Black's Law Dictionary 910 (Abridged 6th ed. 1991) . As the law changes, so too do the Restatements change over the years. Current ALI projects include revision and publication of the Third Restatement of the Law for many of the topical areas. See ALI Annual Reports, at 1, 6, 9.
139. Such sheer numbers legitimately engender our marvel, if not our paranoia, considering the long-standing legal maxim that "ignorance of the law is no excuse." See A Dictionary of Legal Quotations 42 (Simon James & Chantal Stebbings eds., 1987) ("Ignorantia juris non excusat"). To provide a complete survey of all the extant codifications of the law, one must also take into account the efforts undertaken by the American Law Institute (ALI) in 1923 commonly referred to as the Restatements of the Law. See William Draeper Lewis, History of the ALI and the First Restatement of the Law, in ALI, Restatement in the Courts 9 (ALI, permanent ed. 1945). Initially published in the areas of contracts, torts, and conflict of laws, the Restatements presently consist of numerous volumes that summarize the law in over 15 general areas. The ALI Annual Reports, 73rd Annual Meeting, May 14-17, 1996, at 23-24 [hereinafter ALI Annual Reports]. The original object of ALI was to present a comprehensive summary of the common law of the United States. The Institute's purposes are stated in its current bylaws: Sec. 1.01 The particular business and objects of the society are educational, and are to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work. Id. at 59. Rather than merely tally the various decisions of jurisdictions in the United States to pronounce a majority rule, the Restatements seek instead to influence and proclaim what the law should be in a disputed area of the law in order to ultimately improve the administration of justice. See William M. Borchard, ALI - Restatement of the Law, Third: Unfair Competition (Nov. 4, 1994). The restatements of the law have contributed substantially to the direction of the law; they are taught in the law schools of the nation, they have been cited as authoritative guidance more than 133,000 times in judicial opinions at the state and federal level, ALI Annual Reports, at 23-4, and they represent the collective product of some of the brightest and most insightful legal minds in the various legal fields covered. See Black's Law Dictionary 910 (Abridged 6th ed. 1991) . As the law changes, so too do the Restatements change over the years. Current ALI projects include revision and publication of the Third Restatement of the Law for many of the topical areas. See ALI Annual Reports, at 1, 6, 9.
140. Such sheer numbers legitimately engender our marvel, if not our paranoia, considering the long-standing legal maxim that "ignorance of the law is no excuse." See A Dictionary of Legal Quotations 42 (Simon James & Chantal Stebbings eds., 1987) ("Ignorantia juris non excusat"). To provide a complete survey of all the extant codifications of the law, one must also take into account the efforts undertaken by the American Law Institute (ALI) in 1923 commonly referred to as the Restatements of the Law. See William Draeper Lewis, History of the ALI and the First Restatement of the Law, in ALI, Restatement in the Courts 9 (ALI, permanent ed. 1945). Initially published in the areas of contracts, torts, and conflict of laws, the Restatements presently consist of numerous volumes that summarize the law in over 15 general areas. The ALI Annual Reports, 73rd Annual Meeting, May 14-17, 1996, at 23-24 [hereinafter ALI Annual Reports]. The original object of ALI was to present a comprehensive summary of the common law of the United States. The Institute's purposes are stated in its current bylaws: Sec. 1.01 The particular business and objects of the society are educational, and are to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work. Id. at 59. Rather than merely tally the various decisions of jurisdictions in the United States to pronounce a majority rule, the Restatements seek instead to influence and proclaim what the law should be in a disputed area of the law in order to ultimately improve the administration of justice. See William M. Borchard, ALI - Restatement of the Law, Third: Unfair Competition (Nov. 4, 1994). The restatements of the law have contributed substantially to the direction of the law; they are taught in the law schools of the nation, they have been cited as authoritative guidance more than 133,000 times in judicial opinions at the state and federal level, ALI Annual Reports, at 23-4, and they represent the collective product of some of the brightest and most insightful legal minds in the various legal fields covered. See Black's Law Dictionary 910 (Abridged 6th ed. 1991) . As the law changes, so too do the Restatements change over the years. Current ALI projects include revision and publication of the Third Restatement of the Law for many of the topical areas. See ALI Annual Reports, at 1, 6, 9.
141. David King, Administrative Law, 18 Tex. Tech L. Rev. 237, 237 (1987).
142. Stephen G. Breyer & Richard B. Stewart, Administrative Law and Regulatory Policy 1 (1979).
143. There are many more alphabet soup varieties such as the CFTC, DHHS, DHUD, DOA, DOI, DOJ, DOL, DOT, FERC, FLRA, FMC, MSPB, NTSB, OTC, SBA, UITC, and UPS. See also Louis M. Kohlmeier, Jr., The Regulators: Watchdog Agencies and the Public Interest 307-12 (1969) (providing a list of independent and executive branch agencies); Paul Axel-Lute, Acronyms of Federal and Uniform Acts, 8 Legal Ref. Servs. Q. 235, 23645 (1988) (listing the acronyms of 271 uniform acts).
144. There are many more alphabet soup varieties such as the CFTC, DHHS, DHUD, DOA, DOI, DOJ, DOL, DOT, FERC, FLRA, FMC, MSPB, NTSB, OTC, SBA, UITC, and UPS. See also Louis M. Kohlmeier, Jr., The Regulators: Watchdog Agencies and the Public Interest 307-12 (1969) (providing a list of independent and executive branch agencies); Paul Axel-Lute, Acronyms of Federal and Uniform Acts, 8 Legal Ref. Servs. Q. 235, 23645 (1988) (listing the acronyms of 271 uniform acts).
145. Compare Robert C. Fellmeth, The Regulatory-Industrial Complex, in Consumer and Corporate Accountability 218-31 (Ralph Nader ed., 1973) (examining the collusion of government and industry that has created industrial control over governmental agencies such as the FTC, ICC, and FDA), and Robert Sherrill, The Real Villains, in Consumer and Corporate Accountability 244 (Ralph Nader ed., 1973) (identifying as the real villains in the environmental scandal "the government agencies which have failed to use available laws to keep the corporate poisoners and polluters in line"), with Rush H. Limbaugh, See, I Told You So 323-31 (1993) (criticizing past implementation of the Fairness Doctrine, intended to stimulate balanced coverage over the airwaves of diverse views, by the FCC and recent attempts by partisan members of Congress to reinstate the doctrine to stifle the conservative movement). But cf. Al Franken, Rush Limbaugh is a Big Fat Idiot and Other Observations (1996) (the title speaks for itself).
146. Compare Robert C. Fellmeth, The Regulatory-Industrial Complex, in Consumer and Corporate Accountability 218-31 (Ralph Nader ed., 1973) (examining the collusion of government and industry that has created industrial control over governmental agencies such as the FTC, ICC, and FDA), and Robert Sherrill, The Real Villains, in Consumer and Corporate Accountability 244 (Ralph Nader ed., 1973) (identifying as the real villains in the environmental scandal "the government agencies which have failed to use available laws to keep the corporate poisoners and polluters in line"), with Rush H. Limbaugh, See, I Told You So 323-31 (1993) (criticizing past implementation of the Fairness Doctrine, intended to stimulate balanced coverage over the airwaves of diverse views, by the FCC and recent attempts by partisan members of Congress to reinstate the doctrine to stifle the conservative movement). But cf. Al Franken, Rush Limbaugh is a Big Fat Idiot and Other Observations (1996) (the title speaks for itself).
147. Compare Robert C. Fellmeth, The Regulatory-Industrial Complex, in Consumer and Corporate Accountability 218-31 (Ralph Nader ed., 1973) (examining the collusion of government and industry that has created industrial control over governmental agencies such as the FTC, ICC, and FDA), and Robert Sherrill, The Real Villains, in Consumer and Corporate Accountability 244 (Ralph Nader ed., 1973) (identifying as the real villains in the environmental scandal "the government agencies which have failed to use available laws to keep the corporate poisoners and polluters in line"), with Rush H. Limbaugh, See, I Told You So 323-31 (1993) (criticizing past implementation of the Fairness Doctrine, intended to stimulate balanced coverage over the airwaves of diverse views, by the FCC and recent attempts by partisan members of Congress to reinstate the doctrine to stifle the conservative movement). But cf. Al Franken, Rush Limbaugh is a Big Fat Idiot and Other Observations (1996) (the title speaks for itself).
148. Compare Robert C. Fellmeth, The Regulatory-Industrial Complex, in Consumer and Corporate Accountability 218-31 (Ralph Nader ed., 1973) (examining the collusion of government and industry that has created industrial control over governmental agencies such as the FTC, ICC, and FDA), and Robert Sherrill, The Real Villains, in Consumer and Corporate Accountability 244 (Ralph Nader ed., 1973) (identifying as the real villains in the environmental scandal "the government agencies which have failed to use available laws to keep the corporate poisoners and polluters in line"), with Rush H. Limbaugh, See, I Told You So 323-31 (1993) (criticizing past implementation of the Fairness Doctrine, intended to stimulate balanced coverage over the airwaves of diverse views, by the FCC and recent attempts by partisan members of Congress to reinstate the doctrine to stifle the conservative movement). But cf. Al Franken, Rush Limbaugh is a Big Fat Idiot and Other Observations (1996) (the title speaks for itself).
149. Star Trek: First Contact (Paramount Pictures 1996).
150. See Breyer & Stewart, supra note 98, at 2 ("All of the federal courts together handle fewer than 200,000 cases annually. A single federal regulatory agency, the Interstate Commerce Commission, processed over 350,000 filings in 1976.").
151. With his first inaugural speech in 1980, "President Reagan proclaimed his faith that government was not the solution to our problems; government was the problem; deregulation the answer." Arthur M. Schlesinger Jr., How Goes the Cycle Now?, Wall St. J., Jan. 4, 1989, at 8. So began the "regulatory reform" movement of the 1980s, which promised to reduce oppressive and numerous regulations, to scale down bureaucratic administrative agencies, and to minimize the role of the federal government in our daily lives. With the election of George Bush, once known as the point man for slashing government regulations, however, the pendulum began to swing back towards reregulation. See Albert R. Karr & Michael McQueen, Are They Saving Decontrol?, Wall St. J., Nov. 27, 1989, at 1. Notwithstanding renewed press conference claims of regulatory reform, this momentum seems to have continued during the Clinton Administration. See infra note 104.
152. With his first inaugural speech in 1980, "President Reagan proclaimed his faith that government was not the solution to our problems; government was the problem; deregulation the answer." Arthur M. Schlesinger Jr., How Goes the Cycle Now?, Wall St. J., Jan. 4, 1989, at 8. So began the "regulatory reform" movement of the 1980s, which promised to reduce oppressive and numerous regulations, to scale down bureaucratic administrative agencies, and to minimize the role of the federal government in our daily lives. With the election of George Bush, once known as the point man for slashing government regulations, however, the pendulum began to swing back towards reregulation. See Albert R. Karr & Michael McQueen, Are They Saving Decontrol?, Wall St. J., Nov. 27, 1989, at 1. Notwithstanding renewed press conference claims of regulatory reform, this momentum seems to have continued during the Clinton Administration. See infra note 104.
153. Charles J. Fox, Reinventing Government as a Postmodern Symbolic Politics, 56 Pub. Admin. Rev. 256, 261 (1996); see also John M. Kamensky, Role of the "Reinventing Government" Movement in Federal Management Reform, 56 Pub. Admin. Rev. 247, 253 (1996) (discussing the origins of reinventing government and concluding that, "National Performance Review is not just a series of recommendations, but an evolving movement whose vision . . . is trying to adapt a democratic governance to new public expectations"); Donald F. Kettl, Appraising the NPR: Executive Summary, 23 Pub. Manager 3 (1994) (noting that Vice President Al Gore's National Performance Review failed to successfully implement its reinvention of the federal government). Having smashed an ashtray with a hammer on David Letterman's desk, after carefully donning safety goggles, the Vice President was the obvious figure to lead the Clinton Administration's crusade against itself. See Todd S. Purdum, Gore, The Soldier of Streamlining, Returns to Lead Clinton's Charge, N.Y. Times, Dec. 19, 1994, at A1. It is not easy to understand the bureaucratese being used against the bureaucracy. See Richard P. Nathan, Reinventing Government: What Does It Mean?, 55 Pub. Admin. Rev. 213 (1995) (discussing Al Gore's report on the National Performance Review which attempted to "transform the habits, culture, and performance of all federal orginizations"). One indicator that it is meant to be important is that there is an official world wide web site for the project Reinventing Government: Creating a Government that Works Better and Costs Less (visited Nov. 11, 1996) 〈http://www.npr.gov〉. One indicator that it is not important is that so far it has "produced only a nationwide yawn." See Peter F. Drucker, Really Reinventing Government, Atlantic Monthly, Feb. 1995, at 49-50 ("In any institution other than the federal government, the changes being trumpeted as reinventions would not even be announced, except perhaps on the bulletin board in the hallway."); see also Stephen Barr, GAO Report Details Quiet Efforts of Gore's "Reinvention Labs," Wash. Post, Mar. 25, 1996, at A15 (noting that the GAO "survey questions whether the government's downsizing and legendary red tape are the big problems that some administration officials and congressional officials contend"); Donald F. Kettl, Did Gore Reinvent Government? A Progress Report, N.Y. Times, Sept. 6, 1994, at A19 (arguing that Vice President Gore's review suffers from two major problems: (1) "preoccupation with short-term savings" which may increase long term costs; and (2) "lack of an explicit strategy for dealing with Congress").
154. Charles J. Fox, Reinventing Government as a Postmodern Symbolic Politics, 56 Pub. Admin. Rev. 256, 261 (1996); see also John M. Kamensky, Role of the "Reinventing Government" Movement in Federal Management Reform, 56 Pub. Admin. Rev. 247, 253 (1996) (discussing the origins of reinventing government and concluding that, "National Performance Review is not just a series of recommendations, but an evolving movement whose vision . . . is trying to adapt a democratic governance to new public expectations"); Donald F. Kettl, Appraising the NPR: Executive Summary, 23 Pub. Manager 3 (1994) (noting that Vice President Al Gore's National Performance Review failed to successfully implement its reinvention of the federal government). Having smashed an ashtray with a hammer on David Letterman's desk, after carefully donning safety goggles, the Vice President was the obvious figure to lead the Clinton Administration's crusade against itself. See Todd S. Purdum, Gore, The Soldier of Streamlining, Returns to Lead Clinton's Charge, N.Y. Times, Dec. 19, 1994, at A1. It is not easy to understand the bureaucratese being used against the bureaucracy. See Richard P. Nathan, Reinventing Government: What Does It Mean?, 55 Pub. Admin. Rev. 213 (1995) (discussing Al Gore's report on the National Performance Review which attempted to "transform the habits, culture, and performance of all federal orginizations"). One indicator that it is meant to be important is that there is an official world wide web site for the project Reinventing Government: Creating a Government that Works Better and Costs Less (visited Nov. 11, 1996) 〈http://www.npr.gov〉. One indicator that it is not important is that so far it has "produced only a nationwide yawn." See Peter F. Drucker, Really Reinventing Government, Atlantic Monthly, Feb. 1995, at 49-50 ("In any institution other than the federal government, the changes being trumpeted as reinventions would not even be announced, except perhaps on the bulletin board in the hallway."); see also Stephen Barr, GAO Report Details Quiet Efforts of Gore's "Reinvention Labs," Wash. Post, Mar. 25, 1996, at A15 (noting that the GAO "survey questions whether the government's downsizing and legendary red tape are the big problems that some administration officials and congressional officials contend"); Donald F. Kettl, Did Gore Reinvent Government? A Progress Report, N.Y. Times, Sept. 6, 1994, at A19 (arguing that Vice President Gore's review suffers from two major problems: (1) "preoccupation with short-term savings" which may increase long term costs; and (2) "lack of an explicit strategy for dealing with Congress").
155. Charles J. Fox, Reinventing Government as a Postmodern Symbolic Politics, 56 Pub. Admin. Rev. 256, 261 (1996); see also John M. Kamensky, Role of the "Reinventing Government" Movement in Federal Management Reform, 56 Pub. Admin. Rev. 247, 253 (1996) (discussing the origins of reinventing government and concluding that, "National Performance Review is not just a series of recommendations, but an evolving movement whose vision . . . is trying to adapt a democratic governance to new public expectations"); Donald F. Kettl, Appraising the NPR: Executive Summary, 23 Pub. Manager 3 (1994) (noting that Vice President Al Gore's National Performance Review failed to successfully implement its reinvention of the federal government). Having smashed an ashtray with a hammer on David Letterman's desk, after carefully donning safety goggles, the Vice President was the obvious figure to lead the Clinton Administration's crusade against itself. See Todd S. Purdum, Gore, The Soldier of Streamlining, Returns to Lead Clinton's Charge, N.Y. Times, Dec. 19, 1994, at A1. It is not easy to understand the bureaucratese being used against the bureaucracy. See Richard P. Nathan, Reinventing Government: What Does It Mean?, 55 Pub. Admin. Rev. 213 (1995) (discussing Al Gore's report on the National Performance Review which attempted to "transform the habits, culture, and performance of all federal orginizations"). One indicator that it is meant to be important is that there is an official world wide web site for the project Reinventing Government: Creating a Government that Works Better and Costs Less (visited Nov. 11, 1996) 〈http://www.npr.gov〉. One indicator that it is not important is that so far it has "produced only a nationwide yawn." See Peter F. Drucker, Really Reinventing Government, Atlantic Monthly, Feb. 1995, at 49-50 ("In any institution other than the federal government, the changes being trumpeted as reinventions would not even be announced, except perhaps on the bulletin board in the hallway."); see also Stephen Barr, GAO Report Details Quiet Efforts of Gore's "Reinvention Labs," Wash. Post, Mar. 25, 1996, at A15 (noting that the GAO "survey questions whether the government's downsizing and legendary red tape are the big problems that some administration officials and congressional officials contend"); Donald F. Kettl, Did Gore Reinvent Government? A Progress Report, N.Y. Times, Sept. 6, 1994, at A19 (arguing that Vice President Gore's review suffers from two major problems: (1) "preoccupation with short-term savings" which may increase long term costs; and (2) "lack of an explicit strategy for dealing with Congress").
156. Charles J. Fox, Reinventing Government as a Postmodern Symbolic Politics, 56 Pub. Admin. Rev. 256, 261 (1996); see also John M. Kamensky, Role of the "Reinventing Government" Movement in Federal Management Reform, 56 Pub. Admin. Rev. 247, 253 (1996) (discussing the origins of reinventing government and concluding that, "National Performance Review is not just a series of recommendations, but an evolving movement whose vision . . . is trying to adapt a democratic governance to new public expectations"); Donald F. Kettl, Appraising the NPR: Executive Summary, 23 Pub. Manager 3 (1994) (noting that Vice President Al Gore's National Performance Review failed to successfully implement its reinvention of the federal government). Having smashed an ashtray with a hammer on David Letterman's desk, after carefully donning safety goggles, the Vice President was the obvious figure to lead the Clinton Administration's crusade against itself. See Todd S. Purdum, Gore, The Soldier of Streamlining, Returns to Lead Clinton's Charge, N.Y. Times, Dec. 19, 1994, at A1. It is not easy to understand the bureaucratese being used against the bureaucracy. See Richard P. Nathan, Reinventing Government: What Does It Mean?, 55 Pub. Admin. Rev. 213 (1995) (discussing Al Gore's report on the National Performance Review which attempted to "transform the habits, culture, and performance of all federal orginizations"). One indicator that it is meant to be important is that there is an official world wide web site for the project Reinventing Government: Creating a Government that Works Better and Costs Less (visited Nov. 11, 1996) 〈http://www.npr.gov〉. One indicator that it is not important is that so far it has "produced only a nationwide yawn." See Peter F. Drucker, Really Reinventing Government, Atlantic Monthly, Feb. 1995, at 49-50 ("In any institution other than the federal government, the changes being trumpeted as reinventions would not even be announced, except perhaps on the bulletin board in the hallway."); see also Stephen Barr, GAO Report Details Quiet Efforts of Gore's "Reinvention Labs," Wash. Post, Mar. 25, 1996, at A15 (noting that the GAO "survey questions whether the government's downsizing and legendary red tape are the big problems that some administration officials and congressional officials contend"); Donald F. Kettl, Did Gore Reinvent Government? A Progress Report, N.Y. Times, Sept. 6, 1994, at A19 (arguing that Vice President Gore's review suffers from two major problems: (1) "preoccupation with short-term savings" which may increase long term costs; and (2) "lack of an explicit strategy for dealing with Congress").
157. Charles J. Fox, Reinventing Government as a Postmodern Symbolic Politics, 56 Pub. Admin. Rev. 256, 261 (1996); see also John M. Kamensky, Role of the "Reinventing Government" Movement in Federal Management Reform, 56 Pub. Admin. Rev. 247, 253 (1996) (discussing the origins of reinventing government and concluding that, "National Performance Review is not just a series of recommendations, but an evolving movement whose vision . . . is trying to adapt a democratic governance to new public expectations"); Donald F. Kettl, Appraising the NPR: Executive Summary, 23 Pub. Manager 3 (1994) (noting that Vice President Al Gore's National Performance Review failed to successfully implement its reinvention of the federal government). Having smashed an ashtray with a hammer on David Letterman's desk, after carefully donning safety goggles, the Vice President was the obvious figure to lead the Clinton Administration's crusade against itself. See Todd S. Purdum, Gore, The Soldier of Streamlining, Returns to Lead Clinton's Charge, N.Y. Times, Dec. 19, 1994, at A1. It is not easy to understand the bureaucratese being used against the bureaucracy. See Richard P. Nathan, Reinventing Government: What Does It Mean?, 55 Pub. Admin. Rev. 213 (1995) (discussing Al Gore's report on the National Performance Review which attempted to "transform the habits, culture, and performance of all federal orginizations"). One indicator that it is meant to be important is that there is an official world wide web site for the project Reinventing Government: Creating a Government that Works Better and Costs Less (visited Nov. 11, 1996) 〈http://www.npr.gov〉. One indicator that it is not important is that so far it has "produced only a nationwide yawn." See Peter F. Drucker, Really Reinventing Government, Atlantic Monthly, Feb. 1995, at 49-50 ("In any institution other than the federal government, the changes being trumpeted as reinventions would not even be announced, except perhaps on the bulletin board in the hallway."); see also Stephen Barr, GAO Report Details Quiet Efforts of Gore's "Reinvention Labs," Wash. Post, Mar. 25, 1996, at A15 (noting that the GAO "survey questions whether the government's downsizing and legendary red tape are the big problems that some administration officials and congressional officials contend"); Donald F. Kettl, Did Gore Reinvent Government? A Progress Report, N.Y. Times, Sept. 6, 1994, at A19 (arguing that Vice President Gore's review suffers from two major problems: (1) "preoccupation with short-term savings" which may increase long term costs; and (2) "lack of an explicit strategy for dealing with Congress").
158. Charles J. Fox, Reinventing Government as a Postmodern Symbolic Politics, 56 Pub. Admin. Rev. 256, 261 (1996); see also John M. Kamensky, Role of the "Reinventing Government" Movement in Federal Management Reform, 56 Pub. Admin. Rev. 247, 253 (1996) (discussing the origins of reinventing government and concluding that, "National Performance Review is not just a series of recommendations, but an evolving movement whose vision . . . is trying to adapt a democratic governance to new public expectations"); Donald F. Kettl, Appraising the NPR: Executive Summary, 23 Pub. Manager 3 (1994) (noting that Vice President Al Gore's National Performance Review failed to successfully implement its reinvention of the federal government). Having smashed an ashtray with a hammer on David Letterman's desk, after carefully donning safety goggles, the Vice President was the obvious figure to lead the Clinton Administration's crusade against itself. See Todd S. Purdum, Gore, The Soldier of Streamlining, Returns to Lead Clinton's Charge, N.Y. Times, Dec. 19, 1994, at A1. It is not easy to understand the bureaucratese being used against the bureaucracy. See Richard P. Nathan, Reinventing Government: What Does It Mean?, 55 Pub. Admin. Rev. 213 (1995) (discussing Al Gore's report on the National Performance Review which attempted to "transform the habits, culture, and performance of all federal orginizations"). One indicator that it is meant to be important is that there is an official world wide web site for the project Reinventing Government: Creating a Government that Works Better and Costs Less (visited Nov. 11, 1996) 〈http://www.npr.gov〉. One indicator that it is not important is that so far it has "produced only a nationwide yawn." See Peter F. Drucker, Really Reinventing Government, Atlantic Monthly, Feb. 1995, at 49-50 ("In any institution other than the federal government, the changes being trumpeted as reinventions would not even be announced, except perhaps on the bulletin board in the hallway."); see also Stephen Barr, GAO Report Details Quiet Efforts of Gore's "Reinvention Labs," Wash. Post, Mar. 25, 1996, at A15 (noting that the GAO "survey questions whether the government's downsizing and legendary red tape are the big problems that some administration officials and congressional officials contend"); Donald F. Kettl, Did Gore Reinvent Government? A Progress Report, N.Y. Times, Sept. 6, 1994, at A19 (arguing that Vice President Gore's review suffers from two major problems: (1) "preoccupation with short-term savings" which may increase long term costs; and (2) "lack of an explicit strategy for dealing with Congress").
159. Charles J. Fox, Reinventing Government as a Postmodern Symbolic Politics, 56 Pub. Admin. Rev. 256, 261 (1996); see also John M. Kamensky, Role of the "Reinventing Government" Movement in Federal Management Reform, 56 Pub. Admin. Rev. 247, 253 (1996) (discussing the origins of reinventing government and concluding that, "National Performance Review is not just a series of recommendations, but an evolving movement whose vision . . . is trying to adapt a democratic governance to new public expectations"); Donald F. Kettl, Appraising the NPR: Executive Summary, 23 Pub. Manager 3 (1994) (noting that Vice President Al Gore's National Performance Review failed to successfully implement its reinvention of the federal government). Having smashed an ashtray with a hammer on David Letterman's desk, after carefully donning safety goggles, the Vice President was the obvious figure to lead the Clinton Administration's crusade against itself. See Todd S. Purdum, Gore, The Soldier of Streamlining, Returns to Lead Clinton's Charge, N.Y. Times, Dec. 19, 1994, at A1. It is not easy to understand the bureaucratese being used against the bureaucracy. See Richard P. Nathan, Reinventing Government: What Does It Mean?, 55 Pub. Admin. Rev. 213 (1995) (discussing Al Gore's report on the National Performance Review which attempted to "transform the habits, culture, and performance of all federal orginizations"). One indicator that it is meant to be important is that there is an official world wide web site for the project Reinventing Government: Creating a Government that Works Better and Costs Less (visited Nov. 11, 1996) 〈http://www.npr.gov〉. One indicator that it is not important is that so far it has "produced only a nationwide yawn." See Peter F. Drucker, Really Reinventing Government, Atlantic Monthly, Feb. 1995, at 49-50 ("In any institution other than the federal government, the changes being trumpeted as reinventions would not even be announced, except perhaps on the bulletin board in the hallway."); see also Stephen Barr, GAO Report Details Quiet Efforts of Gore's "Reinvention Labs," Wash. Post, Mar. 25, 1996, at A15 (noting that the GAO "survey questions whether the government's downsizing and legendary red tape are the big problems that some administration officials and congressional officials contend"); Donald F. Kettl, Did Gore Reinvent Government? A Progress Report, N.Y. Times, Sept. 6, 1994, at A19 (arguing that Vice President Gore's review suffers from two major problems: (1) "preoccupation with short-term savings" which may increase long term costs; and (2) "lack of an explicit strategy for dealing with Congress").
160. Charles J. Fox, Reinventing Government as a Postmodern Symbolic Politics, 56 Pub. Admin. Rev. 256, 261 (1996); see also John M. Kamensky, Role of the "Reinventing Government" Movement in Federal Management Reform, 56 Pub. Admin. Rev. 247, 253 (1996) (discussing the origins of reinventing government and concluding that, "National Performance Review is not just a series of recommendations, but an evolving movement whose vision . . . is trying to adapt a democratic governance to new public expectations"); Donald F. Kettl, Appraising the NPR: Executive Summary, 23 Pub. Manager 3 (1994) (noting that Vice President Al Gore's National Performance Review failed to successfully implement its reinvention of the federal government). Having smashed an ashtray with a hammer on David Letterman's desk, after carefully donning safety goggles, the Vice President was the obvious figure to lead the Clinton Administration's crusade against itself. See Todd S. Purdum, Gore, The Soldier of Streamlining, Returns to Lead Clinton's Charge, N.Y. Times, Dec. 19, 1994, at A1. It is not easy to understand the bureaucratese being used against the bureaucracy. See Richard P. Nathan, Reinventing Government: What Does It Mean?, 55 Pub. Admin. Rev. 213 (1995) (discussing Al Gore's report on the National Performance Review which attempted to "transform the habits, culture, and performance of all federal orginizations"). One indicator that it is meant to be important is that there is an official world wide web site for the project Reinventing Government: Creating a Government that Works Better and Costs Less (visited Nov. 11, 1996) 〈http://www.npr.gov〉. One indicator that it is not important is that so far it has "produced only a nationwide yawn." See Peter F. Drucker, Really Reinventing Government, Atlantic Monthly, Feb. 1995, at 49-50 ("In any institution other than the federal government, the changes being trumpeted as reinventions would not even be announced, except perhaps on the bulletin board in the hallway."); see also Stephen Barr, GAO Report Details Quiet Efforts of Gore's "Reinvention Labs," Wash. Post, Mar. 25, 1996, at A15 (noting that the GAO "survey questions whether the government's downsizing and legendary red tape are the big problems that some administration officials and congressional officials contend"); Donald F. Kettl, Did Gore Reinvent Government? A Progress Report, N.Y. Times, Sept. 6, 1994, at A19 (arguing that Vice President Gore's review suffers from two major problems: (1) "preoccupation with short-term savings" which may increase long term costs; and (2) "lack of an explicit strategy for dealing with Congress").
161. Congressional Information Service, Inc., 4 Index to the Code of Federal Regulations 1994, at 3,754 (1995).
162. The ALJ Handbook, An Insider's Guide to Becoming a Federal Administrative Law Judge 62 (2d ed. 1994).
163. See id.
164. John C. Dublin, Social Security Law, 26 Tex. Tech L. Rev. 763, 764 (1995) (citing Kane v. Heckler, 731 F.2d 1216, 1219 (5th Cir. 1984) (quoting Paul R. Verkuil, The Self-Legitmating Bureaucracy, 93 Yale L.J. 780, 781 (1984) and Jerry L. Mashaw, Bureaucratic Justice: Managing Social Security Disability Claims 18-19 (1983)).
165. John C. Dublin, Social Security Law, 26 Tex. Tech L. Rev. 763, 764 (1995) (citing Kane v. Heckler, 731 F.2d 1216, 1219 (5th Cir. 1984) (quoting Paul R. Verkuil, The Self-Legitmating Bureaucracy, 93 Yale L.J. 780, 781 (1984) and Jerry L. Mashaw, Bureaucratic Justice: Managing Social Security Disability Claims 18-19 (1983)).
166. John C. Dublin, Social Security Law, 26 Tex. Tech L. Rev. 763, 764 (1995) (citing Kane v. Heckler, 731 F.2d 1216, 1219 (5th Cir. 1984) (quoting Paul R. Verkuil, The Self-Legitmating Bureaucracy, 93 Yale L.J. 780, 781 (1984) and Jerry L. Mashaw, Bureaucratic Justice: Managing Social Security Disability Claims 18-19 (1983)).
167. See FY 95 Labor, HHS, and Educ. Appropriations, Hearing on S. 696 Before the Subcomm. on Labor, HHS, and Educ. Appropriations, 103d Cong. 130 (1994) (statement of Mary Chatel, President, Nat'l Council of Soc. Sec. Management Ass'ns) (discussing the 2.5 million disability claims and the suspected increase to 3 million by 1995).
168. See FY 97 Labor, HHS, and Education Appropriations, Hearing on H. 1011 Before the Subcomm on Labor, HHS, and Educ. Appropriations, 104th Cong. 877-85 (1996) (statement of Donald E. Seatter, President, Nat'l Council on Soc. Sec. Management Ass'ns). Judges' comments sound like dialogue from some PBS program
169. Flat Tax Proposals, Hearing on S. 209 Before the Comm. on Finance, 104th Cong. 162 (1995) (prepared statement Arlen Specter, Senator).
170. See id. at 169 (quoting the prepared testimony of Senator Arien Specter, May 18, 1995, presented at Senate Committee on Finance Flat Tax Hearing).
171. See Politics & Policy Political Roundup: News From Inside the Beltway, 3 Am. Health Line 5 (1995).
172. George Roche, The Lists Every American Should Make, Imprimis, Mar. 1996, at 3.
173. J. Myron Jacobstein et al., Fundamentals of Legal Research 293 (6th ed. 1994).
174. John E. Noyes, Executive Orders, Presidential Intent, and Private Rights of Action, 59 Tex. L. Rev. 837, 839 (1981).
175. See Presidential Executive Orders 675 (Clifford L. Lord ed., 1944).
176. Office of the Federal Register National Archives and Records Administration, Codification of Presidential Proclamations and Executive Orders (1989) [hereinafter Codification].
177. See id. at 143-46.
178. See id. at 333-38.
179. See id. at 229-42.
180. See id. at 417-24.
181. See Codification, supra note 118, at 793-824.
182. See id. at 935-54.
183. See id. at 955-58.
184. See id. at 159-68.
185. See id. at 851-54.
186. 1994 Compilation and Parts 100-102, 3 C.F.R. iv (1995). A President of one party may use an executive order to implement policies that he cannot get through a Congress controlled by the other party.
187. See id.
188. I William Blackstone, Commentaries on the Laws of England 45-46 (William Draper Lewis ed. 1902); Lon L. Fuller, Anatomy of the Law 62 (Greenwood Press 1976 ed.) (1902).
189. I William Blackstone, Commentaries on the Laws of England 45-46 (William Draper Lewis ed. 1902); Lon L. Fuller, Anatomy of the Law 62 (Greenwood Press 1976 ed.) (1902).
190. Rosa Ehrenreich, Look Who is Editing, Lingua Franca, Feb. 1996, at 58, 63.
191. Fred Rodell, Goodbye to Law Reviews, 23 Va. L. Rev. 38, 38 (1936); see also Fred Rodell, Goodbye to Law Reviews - Revisited, 48 Va. L. Rev. 279, 279 (1962) (celebrating the twenty-fifth anniversary of Rodell's "last article" with a reproduction of the original article supplemented with Rodell's then current impressions of law reviews). Professor Rodell published a devastating book-length diatribe against law, lawyers, and the entire legal system, arguing in favor of demystifying the law and overthrowing the tyranny of the legal profession. See Fred Rodell, Woe Unto You, Lawyers! (1939).
192. Fred Rodell, Goodbye to Law Reviews, 23 Va. L. Rev. 38, 38 (1936); see also Fred Rodell, Goodbye to Law Reviews - Revisited, 48 Va. L. Rev. 279, 279 (1962) (celebrating the twenty-fifth anniversary of Rodell's "last article" with a reproduction of the original article supplemented with Rodell's then current impressions of law reviews). Professor Rodell published a devastating book-length diatribe against law, lawyers, and the entire legal system, arguing in favor of demystifying the law and overthrowing the tyranny of the legal profession. See Fred Rodell, Woe Unto You, Lawyers! (1939).
193. Fred Rodell, Goodbye to Law Reviews, 23 Va. L. Rev. 38, 38 (1936); see also Fred Rodell, Goodbye to Law Reviews - Revisited, 48 Va. L. Rev. 279, 279 (1962) (celebrating the twenty-fifth anniversary of Rodell's "last article" with a reproduction of the original article supplemented with Rodell's then current impressions of law reviews). Professor Rodell published a devastating book-length diatribe against law, lawyers, and the entire legal system, arguing in favor of demystifying the law and overthrowing the tyranny of the legal profession. See Fred Rodell, Woe Unto You, Lawyers! (1939).
194. See, e.g., Mark Tushnet, The Dilemmas of Literal Constitutionalism, 42 Ohio St. L.J. 411, 424-25 (1981). Then a Professor of Law at the University of Wisconsin, Professor Tushnet explained that if he were a member of the judiciary and asked the hypothetical, "how would you decide the X case?", he would "make an explicitly political judgment: which result is, in the circumstances now existing, likely to advance the cause of socialism?" Id. at 424. In fairness to Professor Tushnet, in that same article he notes that "political circumstances [would have to] change drastically" for him to become a judge. Id. at 425.
195. "He who can, does. He who cannot, teaches." George Bernard Shaw, The Revolutionist's Handbook & Pocket Companion, in Man and Superman 50 (1962).
196. See Symposium, Legal Education, 91 Mich. L. Rev. 1921 (1993) (responses from the professoriate to Judge Harry Edwards's article, The Growing Disjunction Between Legal Education and the Legal Profession, 91 Mich. L. Rev. 34, 34 (1992), complaining about the "growing disjunction between legal education and the legal profession"); see also Peter Brooks & Paul Gewirtz, Law's Stories - Narrative and Rhetoric in the Law (1996); Symposium, Legal Storytelling, 87 Mich. L. Rev. 2073 (1989); Daniel A. Farber & Suzanna Sherry, Telling Stories Out of School: An Essay on Legal Narratives, 45 Stan. L. Rev. 807 (1993); Mark Tushnet, The Degradation of Constitutional Discourse, 81 Geo. L.J. 251 (1992). See generally Julius Getman, In the Company of Scholars: The Struggle for the Soul of Higher Education (1992).
197. See Symposium, Legal Education, 91 Mich. L. Rev. 1921 (1993) (responses from the professoriate to Judge Harry Edwards's article, The Growing Disjunction Between Legal Education and the Legal Profession, 91 Mich. L. Rev. 34, 34 (1992), complaining about the "growing disjunction between legal education and the legal profession"); see also Peter Brooks & Paul Gewirtz, Law's Stories - Narrative and Rhetoric in the Law (1996); Symposium, Legal Storytelling, 87 Mich. L. Rev. 2073 (1989); Daniel A. Farber & Suzanna Sherry, Telling Stories Out of School: An Essay on Legal Narratives, 45 Stan. L. Rev. 807 (1993); Mark Tushnet, The Degradation of Constitutional Discourse, 81 Geo. L.J. 251 (1992). See generally Julius Getman, In the Company of Scholars: The Struggle for the Soul of Higher Education (1992).
198. See Symposium, Legal Education, 91 Mich. L. Rev. 1921 (1993) (responses from the professoriate to Judge Harry Edwards's article, The Growing Disjunction Between Legal Education and the Legal Profession, 91 Mich. L. Rev. 34, 34 (1992), complaining about the "growing disjunction between legal education and the legal profession"); see also Peter Brooks & Paul Gewirtz, Law's Stories - Narrative and Rhetoric in the Law (1996); Symposium, Legal Storytelling, 87 Mich. L. Rev. 2073 (1989); Daniel A. Farber & Suzanna Sherry, Telling Stories Out of School: An Essay on Legal Narratives, 45 Stan. L. Rev. 807 (1993); Mark Tushnet, The Degradation of Constitutional Discourse, 81 Geo. L.J. 251 (1992). See generally Julius Getman, In the Company of Scholars: The Struggle for the Soul of Higher Education (1992).
199. See Symposium, Legal Education, 91 Mich. L. Rev. 1921 (1993) (responses from the professoriate to Judge Harry Edwards's article, The Growing Disjunction Between Legal Education and the Legal Profession, 91 Mich. L. Rev. 34, 34 (1992), complaining about the "growing disjunction between legal education and the legal profession"); see also Peter Brooks & Paul Gewirtz, Law's Stories - Narrative and Rhetoric in the Law (1996); Symposium, Legal Storytelling, 87 Mich. L. Rev. 2073 (1989); Daniel A. Farber & Suzanna Sherry, Telling Stories Out of School: An Essay on Legal Narratives, 45 Stan. L. Rev. 807 (1993); Mark Tushnet, The Degradation of Constitutional Discourse, 81 Geo. L.J. 251 (1992). See generally Julius Getman, In the Company of Scholars: The Struggle for the Soul of Higher Education (1992).
200. See Symposium, Legal Education, 91 Mich. L. Rev. 1921 (1993) (responses from the professoriate to Judge Harry Edwards's article, The Growing Disjunction Between Legal Education and the Legal Profession, 91 Mich. L. Rev. 34, 34 (1992), complaining about the "growing disjunction between legal education and the legal profession"); see also Peter Brooks & Paul Gewirtz, Law's Stories - Narrative and Rhetoric in the Law (1996); Symposium, Legal Storytelling, 87 Mich. L. Rev. 2073 (1989); Daniel A. Farber & Suzanna Sherry, Telling Stories Out of School: An Essay on Legal Narratives, 45 Stan. L. Rev. 807 (1993); Mark Tushnet, The Degradation of Constitutional Discourse, 81 Geo. L.J. 251 (1992). See generally Julius Getman, In the Company of Scholars: The Struggle for the Soul of Higher Education (1992).
201. See Symposium, Legal Education, 91 Mich. L. Rev. 1921 (1993) (responses from the professoriate to Judge Harry Edwards's article, The Growing Disjunction Between Legal Education and the Legal Profession, 91 Mich. L. Rev. 34, 34 (1992), complaining about the "growing disjunction between legal education and the legal profession"); see also Peter Brooks & Paul Gewirtz, Law's Stories - Narrative and Rhetoric in the Law (1996); Symposium, Legal Storytelling, 87 Mich. L. Rev. 2073 (1989); Daniel A. Farber & Suzanna Sherry, Telling Stories Out of School: An Essay on Legal Narratives, 45 Stan. L. Rev. 807 (1993); Mark Tushnet, The Degradation of Constitutional Discourse, 81 Geo. L.J. 251 (1992). See generally Julius Getman, In the Company of Scholars: The Struggle for the Soul of Higher Education (1992).
202. See Symposium, Legal Education, 91 Mich. L. Rev. 1921 (1993) (responses from the professoriate to Judge Harry Edwards's article, The Growing Disjunction Between Legal Education and the Legal Profession, 91 Mich. L. Rev. 34, 34 (1992), complaining about the "growing disjunction between legal education and the legal profession"); see also Peter Brooks & Paul Gewirtz, Law's Stories - Narrative and Rhetoric in the Law (1996); Symposium, Legal Storytelling, 87 Mich. L. Rev. 2073 (1989); Daniel A. Farber & Suzanna Sherry, Telling Stories Out of School: An Essay on Legal Narratives, 45 Stan. L. Rev. 807 (1993); Mark Tushnet, The Degradation of Constitutional Discourse, 81 Geo. L.J. 251 (1992). See generally Julius Getman, In the Company of Scholars: The Struggle for the Soul of Higher Education (1992).
203. Discretion being the better part of valor, I will not cite examples. For the record, it is enough for me to agree with Judge Posner's bon mot: "Some crazy stuff is being published in law reviews nowadays." Richard A. Posner, Overcoming Law 101 (1995). The typical law professor today is more professor than lawyer. See Martha Middleton, Legal Scholarship: Is It Irrelevant?, Nat'l L.J., Jan. 9, 1989, at 1. See generally Kenneth Lasson, Comment, Scholarship Amok: Excesses in the Pursuit of Truth and Tenure, 103 Harv. L. Rev. 926 (1990).
204. Discretion being the better part of valor, I will not cite examples. For the record, it is enough for me to agree with Judge Posner's bon mot: "Some crazy stuff is being published in law reviews nowadays." Richard A. Posner, Overcoming Law 101 (1995). The typical law professor today is more professor than lawyer. See Martha Middleton, Legal Scholarship: Is It Irrelevant?, Nat'l L.J., Jan. 9, 1989, at 1. See generally Kenneth Lasson, Comment, Scholarship Amok: Excesses in the Pursuit of Truth and Tenure, 103 Harv. L. Rev. 926 (1990).
205. Discretion being the better part of valor, I will not cite examples. For the record, it is enough for me to agree with Judge Posner's bon mot: "Some crazy stuff is being published in law reviews nowadays." Richard A. Posner, Overcoming Law 101 (1995). The typical law professor today is more professor than lawyer. See Martha Middleton, Legal Scholarship: Is It Irrelevant?, Nat'l L.J., Jan. 9, 1989, at 1. See generally Kenneth Lasson, Comment, Scholarship Amok: Excesses in the Pursuit of Truth and Tenure, 103 Harv. L. Rev. 926 (1990).
206. Richard A. Posner, The Future of the Student-Edited Law Review, 47 Stan. L. Rev. 1131, 1133 (Summer Supp. 1995).
207. See also Richard Delgado, The Inward Turn in Outsider Jurisprudence, 34 Wm. & Mary L. Rev. 741, 742 (1993) (focusing on the developments of emerging outsider jurisprudence). Compare Anne M. Coughlin, Regulating the Self: Autobiographical Performances in Outsider Scholarship, 81 Va. L. Rev. 1229 (1995) (discussing the belief that legal scholarship fails to discuss social inequalities), with Richard Delgado, Coughlin's Complaint: How to Disparage Outsider Writing, One Year Later, 82 Va. L. Rev. 95 (1996) (examining the autobiographical method to legal scholarship).
208. See also Richard Delgado, The Inward Turn in Outsider Jurisprudence, 34 Wm. & Mary L. Rev. 741, 742 (1993) (focusing on the developments of emerging outsider jurisprudence). Compare Anne M. Coughlin, Regulating the Self: Autobiographical Performances in Outsider Scholarship, 81 Va. L. Rev. 1229 (1995) (discussing the belief that legal scholarship fails to discuss social inequalities), with Richard Delgado, Coughlin's Complaint: How to Disparage Outsider Writing, One Year Later, 82 Va. L. Rev. 95 (1996) (examining the autobiographical method to legal scholarship).
209. See also Richard Delgado, The Inward Turn in Outsider Jurisprudence, 34 Wm. & Mary L. Rev. 741, 742 (1993) (focusing on the developments of emerging outsider jurisprudence). Compare Anne M. Coughlin, Regulating the Self: Autobiographical Performances in Outsider Scholarship, 81 Va. L. Rev. 1229 (1995) (discussing the belief that legal scholarship fails to discuss social inequalities), with Richard Delgado, Coughlin's Complaint: How to Disparage Outsider Writing, One Year Later, 82 Va. L. Rev. 95 (1996) (examining the autobiographical method to legal scholarship).
210. See generally Edward L. Rubin, The New Legal Process, the Synthesis of Discourse, and the Microanalysis of Institutions, 109 Harv. L. Rev. 1393 (1996) (analyzing the new trends that have emerged in legal scholarship).
211. What people are doing when they "do" law, including Supreme Court people, should be kept distinct from reading a novel, at least to my mind. Cf. Michael W. McConnell, On Reading the Constitution, 73 Cornell L. Rev. 359, 359 (1988). Professor McConnell writes: I am not sure I much like modern methods of reading Hamlet, and am quite confident I do not like modern methods of reading the Bible. That, however, is not my point. I do not read the Bible with the same purpose or in the same way that I read Hamlet; and reading the Constitution has yet a different purpose and a different interpretative method. Id.
212. I estimate that it takes over 4,000 trees to produce a single year's worth of all the law reviews for the shelves of the ABA accredited law school libraries. I have never identified with tree buggers, but I consider this number big enough to be a mortal sin. The ratio I used is based on a reported estimate by environmentalists that in order for the IRS to send out the 8 billion forms it produces annually, over 293,760 trees would be required to supply the paper needed. See Tax Reform is Back, Orange County Reg., Feb. 29, 1996, at B6. Just consider the order of magnitude of these pseudo-calculations: 8 billion forms divided by 293,760 trees = y (documents per tree), y = 27,233. 630,000 (total annual pages of all law reviews) x 178 (number of law school libraries) = z (total pages accumulated annually at law school libraries in the U.S.). z = 112,140,000. Z divided by y = number of trees destroyed per year to produce law reviews for law school libraries. 112,140,000 divided by 27,233 = 4,118 destroyed trees. Each of these trees takes over 20 years to reach maturity. See Sidewire - Telecomworldwide, Nov. 2, 1995, available in 1995 WL 10472487. Nota bene : Each law review has hundreds, some thousands of subscribers, therefore the amount of trees destroyed by the production of law reviews amounts to a rather large scale forest.
213. See The 1995-96 AALS Directory of Law Teachers 179-990 (1996). Rather than count every professor and, in the process, stop to read the six or seven interesting biographical paragraphs, I simply multiplied the pages making up the AALS Directory Alphabetical List (811 pages) times the average number of professors listed on each page (my sample averaged 9 per page).
214. The total number of law review members was approximated by assuming there to be an average of 30 review members at any given time and multiplying by the present number of law reviews in the country (approximately 420). See Jacobstein et al., supra note 115, at 377.
215. Besides me Harvard Law Review, there are: the Harvard Civil Rights-Civil Liberties Law Review; the Harvard Environmental Law Review; the Harvard Human Rights Journal; Harvard International Law Journal; the Harvard Journal of Law and Technology; the Harvard Journal on Legislation; the Harvard Journal on Regulation; the Harvard Journal of Law and Public Policy, and the Harvard Women's Law Journal. See Bernard J. Hibbits, Last Writes? Reassessing the Law Review in the Age of Cyberspace, n.108 (visited Dec. 12, 1996) 〈http://www.law. pitt.edu/hibbitts/fulltext.htm〉. They are reportedly about to start an eleventh journal entitled the Harvard Negotiation Law Review. The Program on Negotiation: Harvard Negotiation Law Review (visited Dec. 31, 1996) 〈http://www.harvard.edu.negotiation/ponhnlr.htm〉.
216. Besides me Harvard Law Review, there are: the Harvard Civil Rights-Civil Liberties Law Review; the Harvard Environmental Law Review; the Harvard Human Rights Journal; Harvard International Law Journal; the Harvard Journal of Law and Technology; the Harvard Journal on Legislation; the Harvard Journal on Regulation; the Harvard Journal of Law and Public Policy, and the Harvard Women's Law Journal. See Bernard J. Hibbits, Last Writes? Reassessing the Law Review in the Age of Cyberspace, n.108 (visited Dec. 12, 1996) 〈http://www.law. pitt.edu/hibbitts/fulltext.htm〉. They are reportedly about to start an eleventh journal entitled the Harvard Negotiation Law Review. The Program on Negotiation: Harvard Negotiation Law Review (visited Dec. 31, 1996) 〈http://www.harvard.edu.negotiation/ponhnlr.htm〉.
217. Columbia publishes, the Columbia Business Law Review; the Columbia Journal of Environmental Law; the Columbia Journal of Gender and Law; the Columbia Human Rights Law Review; the Columbia Journal of Law and Social Problems; the Columbia Law Review the Columbia Journal of Transnational Law; and the Columbia-VLA Journal of Law and the Arts. Georgetown produces the American Criminal Law Review; Georgetown Immigration Law Journal; the Georgetown International Environmental Law Review; the Georgetown Journal of Legal Ethics; the Georgetown Journal on Fighting Poverty; Georgetown Law Journal; Law and Policy in International Business; and the Tax Lawyer. See Hibbits, supra note 144, at n.110.
218. Bernard J. Hibbits, in his article on law reviews in the age of the Internet, notes the frightening prospect that with the widespread development and deployment of Internet technology law professors may now publish as much and as often as they like, without the limitations imposed by the law review system. See Hibbits, supra note 144, at 229. In the future, we will have to compute the output of academic writers in gigabyte quantities.
219. Brother Justinian, an Irish monk and fictional character brought in to inspect and advise an American law school on the moral effect of the school on its students and faculty, found that the law books were irrationally located on the third floor of the building rather than in the basement, in open defiance of the law of gravity. He hypothesized that with the classrooms located on lower levels, the law school must believe that "what is in the books will seep down." Cf. Thomas L. Shaffer, Moral Implications and Effects of Legal Education or: Brother Justinian Goes to Law School, 34 J. Legal Educ. 190, 193 (1984).
220. See Jacobstein et al., supra note 115, at 377.
221. That is 420 law reviews x 5 issues x 300 pages = 630,000 pages.
222. Letter from Oliver W. Holmes to Felix Frankfurter (July 15, 1913), reprinted in Oliver Wendell Holmes Jr. Papers (1985) (microformed on file with the Iowa Law Review).
223. Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue; and since virtue is "that which makes its subjects good," it follows that the proper effect of law is to make those to whom it is given, good, either absolutely or in some particular respect. St. Thomas Aquinas, 2 The Summa Theologica (Fathers of the English Dominican Province, trans. rev. by Daniel J. Sullivan) reprinted in 20 Great Books of the Western World: Thomas Aquinas: II 214 (Robert M. Hutchins, ed. 1952). This is not to suggest that the law is solely and inevitably virtuous in its effects: For God, the author of natures, not of vices, created man upright; but man, being of his own will corrupted and justly condemned, begot corrupted and condemned children. For we all were in that one man, since we all were that one man, who fell into sin by the woman who was made from him before the sin. For not yet was the particular form created and distributed to us, in which we as individuals were to live, but already the seminal nature was there from which we were to be propagated; and this being vitiated by sin, and bound by the chain of death, and justly condemned, man could not be born of man in any other state. And thus, from the bad use of free will, there originated the whole train of evil, which, with its concatenation of miseries, convoys the human race from its depraved origin, as from a corrupt root, on to the destruction of the second death, which has no end, those only being excepted who are freed by the grace of God. St. Augustine, The Confessions: The City of God (Marcus Dods, trans.) reprinted in 18 Great Books of the Western World: Augustine 366 (Robert M. Hutchins, ed., 1952); see also Frederick R. Tennant, The Origin and Propagation of Sin 4-5 (1902) (crediting St. Augustine with elaborating the ecclesiastical dogma of original sin). See generally Harvey C. Mansfield, Jr., American's Constitutional Soul (1991) (discussing the role of the Constitution in influencing America's morals); Michael J. Perry, Love & Power - The Role of Religion and Morality in American Politics (1991) (examining the proper relation of morality to politics); H. Jefferson Powell, The Moral Tradition of American Constitutionalism (1993); Graham Walker, Moral Foundations of Constitutional Thought (1990).
224. Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue; and since virtue is "that which makes its subjects good," it follows that the proper effect of law is to make those to whom it is given, good, either absolutely or in some particular respect. St. Thomas Aquinas, 2 The Summa Theologica (Fathers of the English Dominican Province, trans. rev. by Daniel J. Sullivan) reprinted in 20 Great Books of the Western World: Thomas Aquinas: II 214 (Robert M. Hutchins, ed. 1952). This is not to suggest that the law is solely and inevitably virtuous in its effects: For God, the author of natures, not of vices, created man upright; but man, being of his own will corrupted and justly condemned, begot corrupted and condemned children. For we all were in that one man, since we all were that one man, who fell into sin by the woman who was made from him before the sin. For not yet was the particular form created and distributed to us, in which we as individuals were to live, but already the seminal nature was there from which we were to be propagated; and this being vitiated by sin, and bound by the chain of death, and justly condemned, man could not be born of man in any other state. And thus, from the bad use of free will, there originated the whole train of evil, which, with its concatenation of miseries, convoys the human race from its depraved origin, as from a corrupt root, on to the destruction of the second death, which has no end, those only being excepted who are freed by the grace of God. St. Augustine, The Confessions: The City of God (Marcus Dods, trans.) reprinted in 18 Great Books of the Western World: Augustine 366 (Robert M. Hutchins, ed., 1952); see also Frederick R. Tennant, The Origin and Propagation of Sin 4-5 (1902) (crediting St. Augustine with elaborating the ecclesiastical dogma of original sin). See generally Harvey C. Mansfield, Jr., American's Constitutional Soul (1991) (discussing the role of the Constitution in influencing America's morals); Michael J. Perry, Love & Power - The Role of Religion and Morality in American Politics (1991) (examining the proper relation of morality to politics); H. Jefferson Powell, The Moral Tradition of American Constitutionalism (1993); Graham Walker, Moral Foundations of Constitutional Thought (1990).
225. Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue; and since virtue is "that which makes its subjects good," it follows that the proper effect of law is to make those to whom it is given, good, either absolutely or in some particular respect. St. Thomas Aquinas, 2 The Summa Theologica (Fathers of the English Dominican Province, trans. rev. by Daniel J. Sullivan) reprinted in 20 Great Books of the Western World: Thomas Aquinas: II 214 (Robert M. Hutchins, ed. 1952). This is not to suggest that the law is solely and inevitably virtuous in its effects: For God, the author of natures, not of vices, created man upright; but man, being of his own will corrupted and justly condemned, begot corrupted and condemned children. For we all were in that one man, since we all were that one man, who fell into sin by the woman who was made from him before the sin. For not yet was the particular form created and distributed to us, in which we as individuals were to live, but already the seminal nature was there from which we were to be propagated; and this being vitiated by sin, and bound by the chain of death, and justly condemned, man could not be born of man in any other state. And thus, from the bad use of free will, there originated the whole train of evil, which, with its concatenation of miseries, convoys the human race from its depraved origin, as from a corrupt root, on to the destruction of the second death, which has no end, those only being excepted who are freed by the grace of God. St. Augustine, The Confessions: The City of God (Marcus Dods, trans.) reprinted in 18 Great Books of the Western World: Augustine 366 (Robert M. Hutchins, ed., 1952); see also Frederick R. Tennant, The Origin and Propagation of Sin 4-5 (1902) (crediting St. Augustine with elaborating the ecclesiastical dogma of original sin). See generally Harvey C. Mansfield, Jr., American's Constitutional Soul (1991) (discussing the role of the Constitution in influencing America's morals); Michael J. Perry, Love & Power - The Role of Religion and Morality in American Politics (1991) (examining the proper relation of morality to politics); H. Jefferson Powell, The Moral Tradition of American Constitutionalism (1993); Graham Walker, Moral Foundations of Constitutional Thought (1990).
226. Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue; and since virtue is "that which makes its subjects good," it follows that the proper effect of law is to make those to whom it is given, good, either absolutely or in some particular respect. St. Thomas Aquinas, 2 The Summa Theologica (Fathers of the English Dominican Province, trans. rev. by Daniel J. Sullivan) reprinted in 20 Great Books of the Western World: Thomas Aquinas: II 214 (Robert M. Hutchins, ed. 1952). This is not to suggest that the law is solely and inevitably virtuous in its effects: For God, the author of natures, not of vices, created man upright; but man, being of his own will corrupted and justly condemned, begot corrupted and condemned children. For we all were in that one man, since we all were that one man, who fell into sin by the woman who was made from him before the sin. For not yet was the particular form created and distributed to us, in which we as individuals were to live, but already the seminal nature was there from which we were to be propagated; and this being vitiated by sin, and bound by the chain of death, and justly condemned, man could not be born of man in any other state. And thus, from the bad use of free will, there originated the whole train of evil, which, with its concatenation of miseries, convoys the human race from its depraved origin, as from a corrupt root, on to the destruction of the second death, which has no end, those only being excepted who are freed by the grace of God. St. Augustine, The Confessions: The City of God (Marcus Dods, trans.) reprinted in 18 Great Books of the Western World: Augustine 366 (Robert M. Hutchins, ed., 1952); see also Frederick R. Tennant, The Origin and Propagation of Sin 4-5 (1902) (crediting St. Augustine with elaborating the ecclesiastical dogma of original sin). See generally Harvey C. Mansfield, Jr., American's Constitutional Soul (1991) (discussing the role of the Constitution in influencing America's morals); Michael J. Perry, Love & Power - The Role of Religion and Morality in American Politics (1991) (examining the proper relation of morality to politics); H. Jefferson Powell, The Moral Tradition of American Constitutionalism (1993); Graham Walker, Moral Foundations of Constitutional Thought (1990).
227. Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue; and since virtue is "that which makes its subjects good," it follows that the proper effect of law is to make those to whom it is given, good, either absolutely or in some particular respect. St. Thomas Aquinas, 2 The Summa Theologica (Fathers of the English Dominican Province, trans. rev. by Daniel J. Sullivan) reprinted in 20 Great Books of the Western World: Thomas Aquinas: II 214 (Robert M. Hutchins, ed. 1952). This is not to suggest that the law is solely and inevitably virtuous in its effects: For God, the author of natures, not of vices, created man upright; but man, being of his own will corrupted and justly condemned, begot corrupted and condemned children. For we all were in that one man, since we all were that one man, who fell into sin by the woman who was made from him before the sin. For not yet was the particular form created and distributed to us, in which we as individuals were to live, but already the seminal nature was there from which we were to be propagated; and this being vitiated by sin, and bound by the chain of death, and justly condemned, man could not be born of man in any other state. And thus, from the bad use of free will, there originated the whole train of evil, which, with its concatenation of miseries, convoys the human race from its depraved origin, as from a corrupt root, on to the destruction of the second death, which has no end, those only being excepted who are freed by the grace of God. St. Augustine, The Confessions: The City of God (Marcus Dods, trans.) reprinted in 18 Great Books of the Western World: Augustine 366 (Robert M. Hutchins, ed., 1952); see also Frederick R. Tennant, The Origin and Propagation of Sin 4-5 (1902) (crediting St. Augustine with elaborating the ecclesiastical dogma of original sin). See generally Harvey C. Mansfield, Jr., American's Constitutional Soul (1991) (discussing the role of the Constitution in influencing America's morals); Michael J. Perry, Love & Power - The Role of Religion and Morality in American Politics (1991) (examining the proper relation of morality to politics); H. Jefferson Powell, The Moral Tradition of American Constitutionalism (1993); Graham Walker, Moral Foundations of Constitutional Thought (1990).
228. Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue; and since virtue is "that which makes its subjects good," it follows that the proper effect of law is to make those to whom it is given, good, either absolutely or in some particular respect. St. Thomas Aquinas, 2 The Summa Theologica (Fathers of the English Dominican Province, trans. rev. by Daniel J. Sullivan) reprinted in 20 Great Books of the Western World: Thomas Aquinas: II 214 (Robert M. Hutchins, ed. 1952). This is not to suggest that the law is solely and inevitably virtuous in its effects: For God, the author of natures, not of vices, created man upright; but man, being of his own will corrupted and justly condemned, begot corrupted and condemned children. For we all were in that one man, since we all were that one man, who fell into sin by the woman who was made from him before the sin. For not yet was the particular form created and distributed to us, in which we as individuals were to live, but already the seminal nature was there from which we were to be propagated; and this being vitiated by sin, and bound by the chain of death, and justly condemned, man could not be born of man in any other state. And thus, from the bad use of free will, there originated the whole train of evil, which, with its concatenation of miseries, convoys the human race from its depraved origin, as from a corrupt root, on to the destruction of the second death, which has no end, those only being excepted who are freed by the grace of God. St. Augustine, The Confessions: The City of God (Marcus Dods, trans.) reprinted in 18 Great Books of the Western World: Augustine 366 (Robert M. Hutchins, ed., 1952); see also Frederick R. Tennant, The Origin and Propagation of Sin 4-5 (1902) (crediting St. Augustine with elaborating the ecclesiastical dogma of original sin). See generally Harvey C. Mansfield, Jr., American's Constitutional Soul (1991) (discussing the role of the Constitution in influencing America's morals); Michael J. Perry, Love & Power - The Role of Religion and Morality in American Politics (1991) (examining the proper relation of morality to politics); H. Jefferson Powell, The Moral Tradition of American Constitutionalism (1993); Graham Walker, Moral Foundations of Constitutional Thought (1990).
229. Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue; and since virtue is "that which makes its subjects good," it follows that the proper effect of law is to make those to whom it is given, good, either absolutely or in some particular respect. St. Thomas Aquinas, 2 The Summa Theologica (Fathers of the English Dominican Province, trans. rev. by Daniel J. Sullivan) reprinted in 20 Great Books of the Western World: Thomas Aquinas: II 214 (Robert M. Hutchins, ed. 1952). This is not to suggest that the law is solely and inevitably virtuous in its effects: For God, the author of natures, not of vices, created man upright; but man, being of his own will corrupted and justly condemned, begot corrupted and condemned children. For we all were in that one man, since we all were that one man, who fell into sin by the woman who was made from him before the sin. For not yet was the particular form created and distributed to us, in which we as individuals were to live, but already the seminal nature was there from which we were to be propagated; and this being vitiated by sin, and bound by the chain of death, and justly condemned, man could not be born of man in any other state. And thus, from the bad use of free will, there originated the whole train of evil, which, with its concatenation of miseries, convoys the human race from its depraved origin, as from a corrupt root, on to the destruction of the second death, which has no end, those only being excepted who are freed by the grace of God. St. Augustine, The Confessions: The City of God (Marcus Dods, trans.) reprinted in 18 Great Books of the Western World: Augustine 366 (Robert M. Hutchins, ed., 1952); see also Frederick R. Tennant, The Origin and Propagation of Sin 4-5 (1902) (crediting St. Augustine with elaborating the ecclesiastical dogma of original sin). See generally Harvey C. Mansfield, Jr., American's Constitutional Soul (1991) (discussing the role of the Constitution in influencing America's morals); Michael J. Perry, Love & Power - The Role of Religion and Morality in American Politics (1991) (examining the proper relation of morality to politics); H. Jefferson Powell, The Moral Tradition of American Constitutionalism (1993); Graham Walker, Moral Foundations of Constitutional Thought (1990).
230. Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue; and since virtue is "that which makes its subjects good," it follows that the proper effect of law is to make those to whom it is given, good, either absolutely or in some particular respect. St. Thomas Aquinas, 2 The Summa Theologica (Fathers of the English Dominican Province, trans. rev. by Daniel J. Sullivan) reprinted in 20 Great Books of the Western World: Thomas Aquinas: II 214 (Robert M. Hutchins, ed. 1952). This is not to suggest that the law is solely and inevitably virtuous in its effects: For God, the author of natures, not of vices, created man upright; but man, being of his own will corrupted and justly condemned, begot corrupted and condemned children. For we all were in that one man, since we all were that one man, who fell into sin by the woman who was made from him before the sin. For not yet was the particular form created and distributed to us, in which we as individuals were to live, but already the seminal nature was there from which we were to be propagated; and this being vitiated by sin, and bound by the chain of death, and justly condemned, man could not be born of man in any other state. And thus, from the bad use of free will, there originated the whole train of evil, which, with its concatenation of miseries, convoys the human race from its depraved origin, as from a corrupt root, on to the destruction of the second death, which has no end, those only being excepted who are freed by the grace of God. St. Augustine, The Confessions: The City of God (Marcus Dods, trans.) reprinted in 18 Great Books of the Western World: Augustine 366 (Robert M. Hutchins, ed., 1952); see also Frederick R. Tennant, The Origin and Propagation of Sin 4-5 (1902) (crediting St. Augustine with elaborating the ecclesiastical dogma of original sin). See generally Harvey C. Mansfield, Jr., American's Constitutional Soul (1991) (discussing the role of the Constitution in influencing America's morals); Michael J. Perry, Love & Power - The Role of Religion and Morality in American Politics (1991) (examining the proper relation of morality to politics); H. Jefferson Powell, The Moral Tradition of American Constitutionalism (1993); Graham Walker, Moral Foundations of Constitutional Thought (1990).
231. See Table of Independent Countries Comparative Measures of Freedom, 24 Freedom Rev., Jan.-Feb. 1993, at 15-16.
232. Grant Gilmore, The Ages of American Law 110-11 (1977).