The Praise of Silly: Critical Legal Studies and the Roberts Court

Authors

James F. Lucarello, Touro Law Center

Abstract

This Comment demonstrates that the Supreme Court is lying to you in its opinions. Why is it lying? The short answer to this question is quite simple: It is being silly.

There is nothing inherently wrong with being silly. In fact, some praise silliness, as a heightened and healthy understanding of the indeterminate world that incorporates our reality. Silliness, how ever, is only praise-worthy when it is understood and utilized purposefully. The silliness of most of the Justices on the Supreme Court, on the other hand, is a product of self-delusion and fundamentalism, which makes their silliness not silly at all.

This Comment demonstrates the Supreme Court's silly subterfuge through a sampling of decisions selected from the Roberts Court's 2007 Term. However, to begin this "non-legal process," one must first have a working knowledge of Critical Legal Studies("CLS").

Recommended Citation

Lucarello, James F. (2012) "The Praise of Silly: Critical Legal Studies and the Roberts Court," Touro Law Review: Vol. 26: No. 2, Article 13.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol26/iss2/13