One of my biggest pet peeves in life is the feeling I get when I have some sort of a creative idea and then realize that someone else has thought of it long before me. I think I've even blogged about it here, but I'm not sure. The latest rejection comes from two Levinsions. At Balkinization, Sandy Levinson begins a post with:
As readers may recall, I'm a big fan of Daryl Levinson's argument that the Madisonian system of separation of powers cannot withstand the reality of party politics. Or, as he and his co-author Rick Pildes put it in a subsequent Harvard Law Review article, "Separation of Parties, Not Powers." So we have ever more data points to test the thesis.
Crap. I had the same idea this spring when I was reading on the Federal Convention for a paper on Gouverneur Morris. I'm not saying that I thought I was the first to come up with the idea. But I definitely considered a paper suggesting that the Constitutional design just did not contemplate partisan politics. Anyway, now I learn there's an entire thesis out there.
I'll get my big break soon enough. I'm still the first to think of writing a Simpsons and the Law Book. In fact, I practice issue-spotting for the bar by making marginal notes about Simpsons references. Tort negligence question = Homer getting a trampoline, Monorail, any Nick Riviera episode, etc. Elements of Larceny? Homer vs. Lisa and the 8th Commandment (1st Amendment issues here too for bonus points). Lionel Hutz is a goldmine for professional responsibility. So there, I think I have a unique contribution to law that no one has yet considered. Back to studying community property using Homer vs. Patty and Selma (Homer blows all their savings on Jack-o-Lanterns predicting that the price increase would continue through October and peak in January).