Wednesday, November 16, 2005
Alito's Social Systems Perspective
LiberalChicks has a number of intersting vignettes that involve the effects of a relationship on bringing out the underlying characer of a person and how deviation from the expected and not just what is done or said is important. In the case, considered by the judge, of 'the search warrant,' as my link below comments, the 'problem' of filling out the search warrant form is, frankly, an evolving object relationship, and you have to think about how, in this case the police, doing this might change 'expected behavior.' Alito's first publication, "The Released Time Cases Revisited: A Study of Group Decisionmaking by the Supreme Court," 83, no. 6 Yale L. J. (1974): 1202-36 (pdf), got into this issue. For me it is fascinating that someone, as a judge, who would seem to me to be so removed from social systems in his work, is actually so insightful and interested in them as a part of his decison making.