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Parading the Saurian Tail: Projection, Jung, and the Law

Abstract

This Article discusses Jungian psychoanalytic theory as it applies to recent federal jurisdiction-stripping legislation (the AEDPA, IIRIRA, and PLRA) and efforts to reign in the federal judiciary (the Sentencing Guidelines, impeachment threats, judicial activism diatribes, and impeded confirmation of federal judicial nominees). It posits that these efforts reflect archetypically triggered protection, aimed predictably at disfavored populations, but also targeting the federal judiciary as the protector of those populations' rights. It argues that Jung's work provides a provocative model for scrutinizing attempts to bind or exclude either the disfavored among us or the federal judiciary.

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42 Ariz. L. Rev. 731 (2000)

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