Many interesting comments have already been submitted, some echoing concerns raised here. The lengthy analysis by current or emeritus "Sterling Professors" at Yale Law School may be of particular interest. ("Sterling Professor" is the most distinguished professorial rank at Yale, and includes such well-known scholars as Bruce Ackerman, Owen Fiss, John Langbein, Roberta Romano, and Alan Schwartz.) Professor Romano tells me they learned of the proposals from my earlier blog post, and I am glad she and her colleagues weighed in with a careful assessment.




I don’t think it’s that the philosophical debates will become irrelevant in your example, so much that your example demonstrates…