I will write a more extended response in a couple days. Suffice to say, though, that it is hard to argue with the Dean of Berkeley Law (and HLS Alum) when you make devastating assumptions.

First, that getting into an elite institution (i.e. doing well on filling in bubbles) is demonstrative of one's ability to understand and apply the law. Second, that student evaluation while within law school is determinative of ability. Third, and most disturbingly he creates a an elephant sized strawman--nobody is arguing that there should be no elites on the court (i.e. that "elites do not belong"). Rather, the argument is that the court should not be exclusively elites. As it happens, he is arguing against nobody.

I think though, that his article is extremely valuable and supportive...of my position.

-- MatthewZorn - 19 May 2010