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It is probably an understatement to say that our profession has had its fair quota of smugness. Yet there could always be found some brave souls who believe that the law can be better and have gone out to make it so. Much of the modern approach to judicial administration can be attributed to Jeremy Bentham, who spent a long and productive life as juristic critic and reformer. More recently, a lively movement in American law schools nurtured the development of legal realism which so materially aided the Constitutional about-face of the thirties. Usually this movement is traced back to Justice Holmes; according to one view, he charmed and misled the law professors, who, in turn, seduced the Supreme Court from the "erasure" into the "rubber stamp" era of judicial review, to borrow from our present author's ample storehouse of epigrams. These are but examples from a substantial and an honorable roll of legal reformers.
Date of Authorship for this Version
Book Review: Law: The Science of Inefficiency, 38 Cornell Law Quarterly 119 (1952)