1/16/2020

The Academic Voldemort Principle

"In a recent dissent, Justice Neil Gorsuch built his reasoning in part upon the Schechter case and referenced its anti-Semitic overtones as described in Amity Shlaes’s book The Forgotten Man. Tushnet vehemently disputed Shlaes’s analysis on his personal blog. Shlaes then responded to Tushnet in an article for National Review, as did South Texas College of Law professor Josh Blackman at the popular Volokh Conspiracy legal blog.

Rather than engage his interlocutors fairly and in a reciprocal fashion that acknowledges their counterarguments, Tushnet opted to throw an academic temper tantrum by announcing his own refusal to even cite the responses of Shlaes or Blackman. As a note in Tushnet’s new working paper about the dispute states, “I don’t provide citations/links to their responses because I want to limit the number of ‘clicks’ the responses get. Interested readers will know how to search for the responses on their own.”"