September 7, 2001

'Playing It Safe: How the Supreme Court Sidesteps Hard Cases and Stunts the Development of the Law'

By NINA C. AYOUB

In a kind of action by inaction, the U.S. Supreme Court evades its constitutional responsibilities through an often injudicious use of "avoidance." Or so argues Playing It Safe: How the Supreme Court Sidesteps Hard Cases and Stunts the Development of the Law (New York University Press), a critique of the court by Lisa A. Kloppenberg, dean and professor of law at the University of Dayton.

Avoidance is her seemingly innocuous word for a malleable grab bag of strategies that allow the

Digital or Print Subscription

Web Pass

Already have an account? Log In Now.