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Wednesday
Nov162011

Cognitive Illiberalism & Neutral Principles of Constitutional Law

Harvard Foreword on motivated cogniton & constitutional law is now published. Basic argument is that the same interplay of cognitive & political dynamics that polarize Americans over climate change & other risk issues polarize them over the neutrality of the Supreme Court. Judges need help from communication science just as much as scientists do (although at least some Justices bear more responsibility for the communication problem in law than any scientist I can think of does for the one in public deliberations over risk regulation). There are two very thoughtful replies, one by Mark Tushnet & the other by Suzzana Sherry. I'll have to think their arguments over & see whether & how my position changes.

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