The Founders Project
The Founders Project, housed at the Ocean State Policy Research Institute, works to connect the formal world of constrained and formalistic legal analysis with the more freewheeling functionally oriented public policy discourse. The attempt is to do so with a respect for the traditions of legal writing and argument that nonetheless admits legal analysis often translates into a policy tool for accomplishing desired outcomes–and must anticipate criticism in that vernacular.
This differs wholly from an allegation that the reasoning of judicial decisions is predominated by the policy preferences of judges. While this topic is hotly debated, we focus on a different proposition:
That respect for the tradition of the rule of law makes appeal to legal precedent by policymakers highly influential in all civic arena. It equally confounds respect for purportedly unprecedented legal outcomes that have major policy consequences. Thus, the law may be, indeed should be, critically understood and debated by policymakers whether they are formally educated in or practice it.
Exercising the prerogative of the chair, as the founder and director of this effort, I have penned the first offering that attempts to walk the line described, inspired by the recent visit of Professor John Yoo to Brown University. Whether its approach will characterize all future undertakings by this and other authors under the auspices of the Project certainly depends upon its reception. Towards a salutary result in this regard, the draft is circulated for comment on style (including the hybrid of technical style for the Project to adopt), tone, proper attribution (including the need for additional citation), factual and philosophical content.
A more open set of principles for discourse is on display here. Most notably, much of this work compares relatively informal commentary in the “blogosphere” with the primary sources cited. The incorporation of such works is limited to posts from blogs that claim a focus and expertise on matters of the law. These undertakings perform logically distinct but corollary function to our Project, they essentially represent lawyers writing informally, as opposed to policy analysts writing more formally. Yet, for their informality, the principals on these blogs retain an appeal to authority based on grounding in the law, and it is in this context that we critique these materials.
We look forward to the gracious compliment you would pay our effort by being a reader of the attached draft and to any criticism you could offer.
Most Sincerely,
Brian Bishop, Director
The Founders Project |
