Friday, January 3, 2014
In his piece provocatively titled "Yes, Virginia, judges do read those law reviews, after all," Stephen Diamond discusses ConLawProf Nancy Leong's article, The Open Road and the Traffic Stop: Narratives and Counter-Narratives of the American Dream, 64 Fla. L. Rev. 305 (2012) available on ssrn, as used by concurring judge Andre Davis in United States v. Mubdi, 691 F. 3d 334 (4th Cir. 2012).
Diamond situates Leong's work in the general controversy about legal scholarship as well as more specifically in discussions about Nancy Leong (pictured) and her work. Leong's own worth-reading interventions over at Feminist Law Professors Blog are definitely worth a read. As is Diamond's post.
He writes: "Ironically, some of the very phrases cherry picked by the law school critics to undergird their view that Professor Leong was simply engaged in navel-gazing in “Open Road” were the ones relied on by Judge Davis in his opinion."