Some profs would make great judges, but most -- esp. most Con Law ones -- would be horrendous. Most Con Law profs (the ones on VC being notable exceptions) are the most blatant results-oriented types around, with everything else as window dressing.I just want to say that I'd like that to be a reality TV show, like "The Apprentice," not one of the seasons where they have the men's team and the women's team, but one where they divide them up into "street smart" and "book smart" or "corporate" and "creative." Each week, they get their task, a case to decide. Who would be the Donald/Martha passing judgment on their work? On what basis? Maybe a call-in vote, a la "American Idol."
Aside from that, I have seen pretty many profs jump into appellate briefing on their pet issues. Most stink. Many just like to cite their own articles, and their friends articles, as if that were legal authority.
If I could pick 9 profs from the rare minority of profs, then I could make a Court of them. But if I had to pick 9 random Con Law profs from the top 20 law schools, or 9 random managing partners from the top 20 firms, I'd take the firm crew, with no doubt.
October 9, 2005
Orin Kerr is talking about whether lawprofs make good Supreme Court justices. That prompted this comment from someone known only as "appellate lawyer":