Elena Kagan as the next Harriet Miers

[dick thompson]

Actually not even that - at least Harriet Miers had appeared in court 
successfully and Kagan has not done that either.  What then does Kagan 
bring to the table that she deserves to be named to the Supreme Court?


<http://bench.nationalreview.com/>

Friday, May 07, 2010


Elena Kagan as "The Next Harriet Miers?"   [Ed Whelan 
<http://bench.nationalreview.com/author/?q=MTUwOA==>]

That's the title and theme of law professor Paul Campos's critique 
<http://www.thedailybeast.com/blogs-and-stories/2010-05-01/the-next-harriet-miers/full/> 
of Elena Kagan and her legal scholarship.  Some excerpts:



Yesterday, I read everything Elena Kagan has ever published. It didn't 
take long: in the nearly 20 years since Kagan became a law professor, 
she's published very little academic scholarship---three law review 
articles, along with a couple of shorter essays and two brief book 
reviews....



At least in theory Kagan could compensate somewhat for the slenderness 
of her academic resume through the quality of her work. But if Kagan is 
a brilliant legal scholar, the evidence must be lurking somewhere other 
than in her publications. Kagan's scholarly writings are lifeless, dull, 
and eminently forgettable. They are, on the whole, cautious academic 
exercises in the sort of banal on-the-other-handing whose prime virtue 
is that it's unlikely to offend anyone in a position of power.


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