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Laurence H. Tribe, Constitutional Calculus: Equal Justice or Economic Efficiency?, 98 Harv. L. Rev. 592 (1985).


Abstract: In this article, Professor Tribe criticizes recent Supreme Court decisions and disputes Professor Easterbrook's recent defense of the Court's increasingly utilitarian approach to legal problems. Professor Tribe argues that this approach is insufficiently attentive to the distribution of wealth and power and to the underlying definitions of social values and perspectives that constitutional decisions need address.