Abstract

http://ssrn.com/abstract=2403957
 


 



Extrajudicial Reticence: Nine Justices Take a Brief Break from Constitutional Commentary


Ross E. Davies


George Mason University School of Law; The Green Bag

March 3, 2014

Green Bag 2d, Vol. 17, No. 1, pp. 99-114, Autumn 2013
George Mason Law & Economics Research Paper No. 14-08

Abstract:     
For a long time, Justices of the U.S. Supreme Court felt free to express their views about the Constitution not only in their judicial opinions, but also in their off-the-bench writing. There came a time, however, when they seemingly did not feel so free – just briefly, in 1991. And then things returned to normal. This article sketches the background and context of that stop-and-start, and then speculates about how and why it happened.

Number of Pages in PDF File: 17

Keywords: Life Magazine, William Rehnquist, Byron White, Thurgood Marshall, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, Antonin Scalia, Anthony Kennedy, David Souter, coordination, lobbying, boycotting, marketing

JEL Classification: K40

Accepted Paper Series


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Date posted: March 4, 2014 ; Last revised: March 19, 2014

Suggested Citation

Davies, Ross E., Extrajudicial Reticence: Nine Justices Take a Brief Break from Constitutional Commentary (March 3, 2014). Green Bag 2d, Vol. 17, No. 1, pp. 99-114, Autumn 2013; George Mason Law & Economics Research Paper No. 14-08. Available at SSRN: http://ssrn.com/abstract=2403957 or http://dx.doi.org/10.2139/ssrn.2403957

Contact Information

Ross E. Davies (Contact Author)
George Mason University School of Law ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States
The Green Bag ( email )
6600 Barnaby St., NW
Washington, DC 20015
United States
HOME PAGE: http://www.greenbag.org
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