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The Harriet Miers Oeuvre.--

The University of Michigan has helpfully put online much of Harriet Miers' published wrtiting (scroll down to "Articles by Miers").

I have read about a half dozen of Miers' pieces so far--nothing particularly good or bad about any of them. They are pretty standard practitioner fare, apparently fully competent, but seemingly no better or worse than a thousand lawyers at good firms in Chicago would do. There is none of the flair that showed in many of Roberts' memos in the Reagan Administration. I've read nothing intellectually substantial by Miers so far, but then I've just started working through the list. If she has any sharp analytical skills, they are not apparent in the pieces I've read. Given Miers' genuine success in practice, I suspect that she is a better advisor and negotiator than writer.

One thing stands out: most of Miers' published writing that I've read is stimulated by her close ties to the ABA.

Kent Scheidegger (mail) (www):
I read earlier (on this blog, I think) that she had written two articles for Texas Lawyer. They are not in the U. Mich. collection. Anyone know if and where they are available on-line?
10.6.2005 10:43pm
Jim Lindgren (mail):
Virginia Postrel scanned the 1992 piece here.

Jim
10.7.2005 4:17am
WB:
I find this type of criticism much more appropriate than the usual 30-second scan of her resume followed by expressions of scorn.
10.7.2005 10:56am
paul (mail):
It is fine to review Miers written work. However, I would keep these points in mind. Miers was a practicing lawyer when the articles were written. Unlike professors whose professional reputation is based almost entirely on their scholarly writing, a practicing lawyer reputation is not judged by publications. Moreover, most of the articles were written for a bar journal, not a carefully edited law review. I would not expect a the managing partner of a major law law firm with a demanding private practice to devote the same level of care and scholarship to publications that a law professor would devote to similar task, particularly when the forum is a bar journal. In fact, given the demands of private practice, I would expect that the articles were a rather low priority for Miers in the scheme of things. I doubt that she gave much thought to the possibility that her qualifications as possible Supreme Court Justice would be based, in part, on her monthly bar journal column.
10.7.2005 1:57pm
Shelby (mail):
Paul:

All that's quite true. Unfortunately, Bush saw fit to nominate someone with nothing else out there by which to judge her. Don't complain that we're relying too much on her bar journal column; complain that we have a nominee with nothing more as a track record.
10.7.2005 5:06pm
Robert Schwartz (mail):
If she is like other big firm managing partners I have known, the articles were written by an associate, she gave them a quick edit and off they went.
10.7.2005 7:20pm