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The Postradical Legal Generation

Publication Date: 
May 19, 2010
The Chronicle Of Higher Education
David Fontana

Dean Larry Kramer is mentioned in this article for his research on "popular constitutionalism." David Fontana of The Chronicle of Higher Education filed the story:

When President Barack Obama nominated Elena Kagan to the U.S. Supreme Court last week, he described her appeal in much the same way he has described his own: as a postpartisan figure. Just as Obama and Kagan represent a generation of national political figures trying to be postideological, so too they represent a distinctive generation of figures in elite law schools—as does Obama's last Supreme Court nominee, Sonia Sotomayor.

All three graduated from their respective law schools (Obama and Kagan from Harvard Law School, Sotomayor from Yale Law School) at a time when most of the more-radical members of the faculty had either already disappeared or were losing their last battles. More than that generation, Sotomayor, Obama, and Kagan have avoided major ideological fights and the most polarizing legal issues. Indeed, in the cases of Obama and Kagan, they helped move their law schools beyond the more-polarizing ideological battles.


And some on the left who write more directly about cases and courts, like Tushnet or Dean Larry Kramer of Stanford Law School, and Dean Robert C. Post of Yale Law School, are now increasingly members of the "popular constitutionalism" movement, who believe that courts should be stripped of all or most of their decisional powers—hardly the pre-judicial profile that one wants.