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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

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Publication Date

Summer 2008




University of Tulsa College of Law




I am delighted to participate in this symposium honoring and criticizing the scholarship of Cass Sunstein. Let me begin by stating something so obvious that we typically don't say it: Cass is the most remarkably thoughtful, constructive, and productive scholar of his (and my) generation, the generation of scholars born around the time that Brown v. Board of Education1 was decided. No one has addressed a wider range of important subjects or made a more substantial contribution to our understanding of law. I have been fruitfully engaging with his scholarship from my first article 2 to my two recent books.3 In this essay, I am going to focus on his theory of minimalism. I examine the journey from Sunstein's The Partial Constitution4 to his minimal constitution of many minds, 5 an odyssey of the "incredible shrinking constitutional theory."



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