In December of 2008, the University of Michigan Press published “Judges and Unjust Laws: Common Law Constitutionalism and the Foundations of Judicial Review” by Douglas E. Edlin ’88.
In his use of legal theory, constitutional history and political philosophy, Edlin, in a search for the limits of the power of judicial review, explores the common law tradition that gives judges a dual mandate: to apply the law and to develop it.
Gerald J. Postema, the Cary C. Boshamer Professor of Philosophy and Professor of Law at University of North Carolina – Chapel Hill says, “With keen insight into the common law mind….Edlin offers an entirely fresh perspective on an age-old jurisprudential conundrum. [His] case for his thesis is compelling.”
Mark Graber, professor of law and government at the University of Maryland, says “Edlin’s fascinating and well-researched distinction between constitutional review and common law review should influence substantially both scholarship on the history of judicial power in the United States and contemporary jurisprudential debates on the appropriate use of that power.”
After graduating from Hobart, Edlin received his M.A. from the University of Pennsylvania in 1990, his J.D. from Cornell Law School in 1993 and his Ph.D. from Oxford University in 2002. He is currently an associate professor of political science at Dickinson College.