Heuristics and the Law

Mark Tushnet (Author)

Who Am I to Judge?: Judicial Craft Versus Constitutional Theory

9, A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation? Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court's history, including some of its most exceptional periods, the Court operated without a theory. In this book, Tushnet shows us what a constitutional theory actually is; what judges need from it and why they probably can't get what they need; and the great harm that results when judges allow theory to dictate bad policy. It is not theory that matters, Tushnet argues. The vitally important, indispensable quality in a judge is good judgment.

Mark Tushnet (Author)

Who Am I to Judge?: Judicial Craft Versus Constitutional Theory

9, A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation? Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court's history, including some of its most exceptional periods, the Court operated without a theory. In this book, Tushnet shows us what a constitutional theory actually is; what judges need from it and why they probably can't get what they need; and the great harm that results when judges allow theory to dictate bad policy. It is not theory that matters, Tushnet argues. The vitally important, indispensable quality in a judge is good judgment.

Herbert Hovenkamp (Author)

Tech Monopoly

6,A serious look at competition problems in tech markets and whether antitrust law can help address them. In recent years, the astronomical rise of tech giants like Amazon, Apple, Meta, and Microsoft has been criticized as anticompetitive, and many have wondered if antitrust law can help protect workers and consumers. In Tech Monopoly, Herbert Hovenkamp explores competition problems in a wide range of high-tech firms--from those that sell purely digital products, such as video streaming, search, software, or email services, to others that sell more traditional "tactile" products, such as hardware, clothing, groceries, or rides. He offers a realistic look at the powers and limitations of antitrust law in tech markets with an assessment that is as comprehensive as it is accessible. After a general introduction to antitrust law, Tech Monopoly considers how competitive harm should be assessed in these markets, as well as some features that make these markets unique, including "two-sided" structures. Then Hovenkamp looks at the role of large digital platforms, including Amazon, Alphabet, Apple, Meta, and Microsoft, and considers whether their size alone is an antitrust problem or if the ...