doctrinalism

Moreover, his description of "doctrinalism" is so narrow that it definitionally excludes most of the best doctrinal work I've encountered in the past several decades.

Balkinization 2007

Narrow doctrinalism is like halitosis: It's what the other fellow has.

Balkinization 2007

Continuing the discussion that Einer Elhauge started (see these additional posts from Orin Kerr, Larry Tribe, Einer and myself), I was thinking that the claim that "narrow doctrinalism is dead" is not only nothing new, it is the most familiar pronouncement in the history of American legal education.

Balkinization 2007

Like Larry Tribe, I was fascinated by Einer Elhauge's recent posting on the "death of doctrinalism."

Balkinization 2007

Now, defined in this way, there's very little scholarship these days that is doctrinalist, whether in Constitutional law (which Einer thinks the last refuge of narrow doctrinalism) or outside of it.

Balkinization 2007

So the really interesting question is not whether "narrow doctrinalism" is dead.

Balkinization 2007

Indeed, [i] t would not ... be doctrinalism to analyze the functional theories that could explain some doctrine or lead to reform of it, or to measure the consequences of doctrine.

Balkinization 2007

Einer defines doctrinalism as "the sort of scholarship that simply describes doctrine or that assesses doctrine based solely on formalistic grounds having to do with the logic of it internal structure."

Balkinization 2007

In fact, I'm trying to figure out what articles fit Einer's narrow vision of doctrinalism that * used* to get you a great job but don't anymore.

Balkinization 2007

In fact, the great treatise of our era -- Larry Tribe's American Constitutional Law, is the very opposite of Einer's narrow definition of doctrinalism.

Balkinization 2007