Word: dershowitz
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Dates: during 2000-2009
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...Dershowitz does suggest a baseline for deciding when preemption is right. His sketch for a formula pits the seriousness of an incident and its likeliness without preemption against the harm caused by preemption and its likelihood of success...
...Though Dershowitz needs to avoid sounding authoritative and values discussion over definitive statement, “Preemption” seems doomed to be forgotten...
...While Dershowitz does roughly outline a plan and a jurisprudential system, he himself calls it only “suggestive,” a rather weak endorsement of one’s own work...
Rather than being a groundbreaking first work on the topic, Dershowitz settles for just the “first work” part, serving up a dulled analysis of what might have been a sharper knife...
...Alan M. Dershowitz...