18 March 2014

Will the Real Sherlock Holmes Please Stand Up?

I've greatly enjoyed Benedict Cumberbatch's Sherlock Holmes but I'm not likely ever to meet this English actor.

On the other hand, I meet my colleague James Duane nearly every day.

While I'm confident Jim could portray Sherlock Holmes as well as anyone (while it would be a great challenge for him to slow down enough to be John Watson), I'm absolutely certain that Cumberbatch couldn't write as well as Jim Duane channeling Sherlock's biographer.

If you don't have a clue about what I mean, go here to read Watson's Duane's remarkable previously unpublished recollection of the work of the Great Detective in Sherlock Holmes and the Mystery of the Pointless Remand, published in the Berkeley Journal of Criminal Law.

You might think that the intricacies of the Supreme Court's (mis)use of "GVR" (grants, vacates, and remands) is hardly interesting. I might even agree. Yet Jim's article is so well written and thoroughly engrossing that even the casual reader will enjoy it and those the least bit interested in Constitutional government and the Fifth Amendment will find it hard to put down.

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