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80 U. Chi. L. Rev. Dialogue 1 (2013)

handle is hein.journals/uchidial80 and id is 1 raw text is: Tushnet's Lawless World A Response to Mark Tushnet, Book Review, Epstein's Best of All Possible Worlds: The Rule of Law, 80 U Chi L Rev 487 (2013). Richard A. Epsteint I did not pick this unfortunate fight, but it is my regrettable task to have to respond to Professor Mark Tushnet's Review of my book Design for Liberty: Private Property, Public Administra- tion and the Rule of Law.1 Professor Tushnet regards Design for Liberty as a quixotic endeavor to reform the world, worthy of Glenn Beck,2 driven by a political naivet6 that reminds him of an improbable cross between Candide and Mr. Micawber.3 Throughout his Review, he uses his not inconsiderable rhetorical skills to mock a book whose message and argument he does not understand. A grizzled hanger-on from the largely defunct Critical Legal Studies movement, Professor Tushnet's subpar performance stems from a combination of three interrelated defects: his in- grained skepticism of legal rules; his narrow intellectual focus that incorporates nothing outside of constitutional law; and his inveterate intellectual laziness, which makes it impossible for him to stick with a problem long enough to understand it. Pro- fessor Tushnet has always played an enfant terrible who believes that all efforts to create rule-bound structures are bound to dis- integrate in failure. On narrow focus, his bibliography reveals a person who, over his thirty-year academic career, has not written t Laurence A. Tisch Professor of Law, New York University School of Law; Peter and Kirsten Bedford Senior Fellow, the Hoover Institution; James Parker Hall Distin- guished Service Professor Emeritus of Law and Senior Lecturer, The University of Chi- cago Law School. My thanks to Peter Horn and Benjamin Margo, NYU Law School Class of 2014 for their excellent research decision on an earlier draft of this Response. 1 Richard A. Epstein, Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011). 2 Mark Tushnet, Epstein's Best of All Possible Worlds: The Rule of Law, 80 U Chi L Rev 487, 510 (2013). 3 Id at 487-88, 513. 1

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