The Stupidity Defense - WSJ.com: "One of the most famous books about constitutional law is called 'Taking Rights Seriously,' and I wish I had $20 for every scholarly law review article that's titled 'Taking [something in the Constitution] Seriously.' I think 'Taking X Seriously' is the biggest cliché in the history of law review articles. And what that means, Josh, is . . . Hey, I love the way [a guy] whose name means joke wants the test of the truth to be whether or not people laugh.
But I'm not joshing, Josh. The reason there are so many law articles called 'Taking X Seriously' is that we don't rule out a proposition of constitutional law simply because no one seems to taking it seriously right now. We work through the analysis, and maybe we discover that it should be taken seriously."
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