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Paul Horwitz (University of Alabama School of Law) has recently posted his review essay “Review - Constitutional Conscience: The Moral Dimension of Judicial Decision, by H. Jefferson Powell, and How Judges Think, by Richard A. Posner” on SSRN. It’s an interesting review essay on two books on judging that are probably worth a look. The first, by Powell, essentially dwells on the “should” with regard to judicial decision-making and the latter, by Judge Posner, focuses on the actual “how” of the process. The abstract is available below the fold:

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