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Faculty Publications By Year

Politics; Supreme Court of the United States; Judges

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Full-Text Articles in Law

What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Eric J. Segall Jan 2010

What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Eric J. Segall

Faculty Publications By Year

During her confirmation hearings, Justice Kagan backed away from numerous critical comments she had previously made about the nomination process. No one knows why she changed her mind but it is likely that the shift resulted more from a political calculation than a change of heart about the nature of the process. This Commentary suggests that Justice Kagan could have testified consistently with her previously expressed views and still have been confirmed.


What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed): A Reply, Eric J. Segall Jan 2010

What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed): A Reply, Eric J. Segall

Faculty Publications By Year

No abstract provided.