PointofLaw.com
 Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  
   
 
   

 

 

Robert Bork, 1927-2012

| 1 Comment


I didn't agree with him on the First Amendment, or some of the positions he took in his last 15 years, but if he did nothing but revolutionize antitrust, Dayenu. The injustice and character assassination done against him in 1987 was a watershed moment that changed American history and government for the worse, I fear irrevocably. A great man. [Podhoretz @ Commentary; Adler @ Volokh; Fed Soc Blog; Reuters; Steyn; Whelan]

I disagree with Steve Hayward that Bork's death today is ironic defeat for the left because it would have meant an Obama appointment instead of Justice Kennedy still sitting there occasionally voting for conservative principles. After all, a Court that had Bork instead of Kennedy would have gone the opposite way on 5-4 issues like capital punishment. Moreover, in the alternate history where President Reagan is able to muster Judge Bork to a confirmation notwithstanding the unfair attacks on him is the alternate history where President George H.W. Bush nominates Frank Easterbrook or Edith Jones to the Court instead of David Souter, and we see different results in some cases that went 6-3—perhaps even results that satiate the Christian right and galvanize the Democratic left, and swing the 2000 and/or 2004 elections for Al Gore. (Or maybe Clinton nominates Larry Tribe instead of Breyer, and his decisions move the Court left? A butterfly flaps its wings...)

Oddly, it is impossible to find The Antitrust Paradox on Amazon. Google searches lead to a completely different 1923 book on Huguenot emigration to America, though the reviews are for Bork's book. I hope some programmer didn't spitefully bury the book there so it wouldn't sell. (Update: available if you search Amazon for "Robert Bork." Very odd.)

(Updated to respond to Steve Hayward and add links.)

1 Comment

Comes up as the first hit for me if you search for "anti-trust" and "paradox". The first hit for a no-hypen antitrust paradox, again for me, is The History of the Huguenot Emigration to America which is listed on the search list as being by Robert H. Bork instead of Charles Washington Baird, the true author of that title. (Amazon searches may be customized-- a book on Hugenot emigration would fit into a list of other books Amazon knows I'm interested in.)

There's something a little wrong with Amazon's indexing of this title but to imply that some programmer would take time to bury a title (taking a chance s/he'd get caught) and that this would be the title to choose-- why go there? My guess is that a data entry person somewhere, not even necessarily at Amazon, used a hyphen where the title doesn't.

Leave a comment

Once submitted, the comment will first be reviewed by our editors and is not guaranteed to be published. Point of Law editors reserve the right to edit, delete, move, or mark as spam any and all comments. They also have the right to block access to any one or group from commenting or from the entire blog. A comment which does not add to the conversation, runs of on an inappropriate tangent, or kills the conversation may be edited, moved, or deleted.

The views and opinions of those providing comments are those of the author of the comment alone, and even if allowed onto the site do not reflect the opinions of Point of Law bloggers or the Manhattan Institute for Policy Research or any employee thereof. Comments submitted to Point of Law are the sole responsibility of their authors, and the author will take full responsibility for the comment, including any asserted liability for defamation or any other cause of action, and neither the Manhattan Institute nor its insurance carriers will assume responsibility for the comment merely because the Institute has provided the forum for its posting.

Related Entries:

 

 


Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.