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Bench Memos

NRO’s home for judicial news and analysis.

Laughable Yalies



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How many Yale law professors and Yale law students would it take to read and understand Judge Alito’s legal opinions? Evidently more than 22. For 22 is the number of participants, both faculty and students, in the “Alito Project” at Yale Law School that today produced this report on Judge Alito’s opinions.

I have developed a simple test that I will apply to all critics of Judge Alito’s record: Anyone who can’t competently and fairly address Alito’s opinions in Chittister (dealing with the Family and Medical Leave Act) and Sheridan (dealing with summary-judgment procedures in employment discrimination cases) doesn’t deserve to be trusted on anything else. The Yale Alito Project laughably flunks both parts of the test.

If I find time, I might spell this out in detail. In the meantime, the interested reader may compare my discussion of Chittister here (as supplemented and modified here) to pages 7-8 of the Yale report and my discussion of Sheridan here and here to page 40 of the Yale report.

I haven’t looked at other parts of the report and don’t particularly intend to, though my curiosity at how incompetent some Yale law professors and students are may win out at some point.



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