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University of Tennessee College of Law

Selected Works

2009

Constitutional Law

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Book Review: Saving Law Reviews From Political Scientists, Benjamin H. Barton Feb 2009

Book Review: Saving Law Reviews From Political Scientists, Benjamin H. Barton

Benjamin H Barton

This essay reviews Robert J. Spitzer, Saving the Constitution from Lawyers: How Legal Training and Law Reviews Distort Constitutional Meaning, and argues that it fails on two fronts. First, I offer a defense of lawyers, law professors, and law reviews. Second, I show that Spitzer's own book proves that peer-reviewed political science scholarship suffers from at least as many faults and foibles as law review scholarship.

For example, in each of his three examples of wayward theorizing Spitzer insists that his reading of the Constitution and its history is so clearly correct that his opponents' scholarship is not only wrong …