This essay is a response to Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74VAND.L.REV.621(2021).
“The article is significant for the archival work alone. It is useful, as well, for the impressive synthesis of the existing secondary literature, collected in the footnotes, which makes a convenient reading list for us mere mortals. The argument of the article is ambitious. As the Table of Contents suggests, its structure is complex: the author asks us to visit three different jurisdictions (two British and one American, each thousands of miles apart), in three different decades, in three different political and social contexts, with three different institutional frameworks. The author moves the reader discontinuously through time, interpreting each context both for its meaning to the historical actors embedded within it, and for its significance to contemporary constitutional law.”
Vanderbilt Law Review En Banc
Matthew J. Steilen,
Our Imperial Federal Courts,
Vand. L. Rev. En Banc
Available at: https://digitalcommons.law.buffalo.edu/journal_articles/1013