Mike Post and Saul Cornell are having a nice round about with each other. Over at the Faculty Lounge, Saul Cornell critiqued Mike Post’s Constitutional originalism; Post responded in his post Historian Cure Thyself; finally Cornell responded back by referring to the type of scholarship as belonging in the Bizzaro world of Superman Comics.
This is a model of scholarship that belongs in the Bizzaro world of Superman comics. Although the amount of deeply researched and intellectually sophisticated legal scholarship continues to grow and vastly out numbers this type of Bizzaro originalist scholarship, the legal academy is clearly in crisis and Rappaport’s post is a symptom. Originalism has become a vast scholarly echo chamber. Originalists cite each other’s work as authority, invite each other to conferences largely dominated by other originalists, publish each other’s papers in their own student edited journals without peer review, and then blog about the paradigm shifting quality of their own work and that of their friends! I am sorry if my posts have seemed unduly harsh or not collegial, but the system is broken and it will never be fixed unless we acknowledge that “something is rotten in the state of Denmark.”
While I love academic nerd fights as much as the next guy, I am really intrigued by the reference to Bizzaro world as a referent to Post’s scholarship. (I know, I just upped the nerd ante significantly). I wonder if Mark White has any thoughts on Bizzaro world as an referent to interpretive principles.