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cc23b8d
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The Bluebook is an absurdity, but it endures, in fact thrives, impervious to criticism and ridicule. The judiciary navigates the sea of modernity, slowed, thrown of course, by the barnacles of legal formalism (semantic escapes from reality, impoverished sense of context, fear of math and science, insensitivity to language and culture, mangling of history, superfluous footnotes, verbosity, excessive quotation, reader-unfriendly prose, exaggeration, bluster, obsession with citation form) - an accumulation of many centuries, yet constantly augmented. There is little desire to give the hull a good scraping. There is fear that the naked hull would be unslightly, even unseaworthy. The fear is overblown. A week after all the copies of the Bluebook were burned, their absence would not be noticed.
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bluebook
harvard-bluebook
legal-realism
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Richard A. Posner |