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Judging A Book: Duncan Reviews 'Justice And Empathy'

Law360, New York (February 12, 2018, 4:23 PM EST) -- This article is part of an Expert Analysis series of book reviews from judges.

Judge Allyson Duncan The perspective of the Constitution that the late professor Robert A. Burt offers in "Justice and Empathy: Toward a Constitutional Ideal" is nothing if not provocative. As a scholar of psychoanalysis, his view of the courts in general and the U.S. Supreme Court in particular has little to do with their interpreting statutory and constitutional provisions framed by opposing parties. Rather, Burt sees the role of the judiciary as...
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