Article:
Milner S. Ball, Don’t Die Don Quixote: A Response and Alternative to Tushnet, Bobbitt, and the Revised Texas Version of Constitutional Law, 59 TEXAS. L. REV. 787 (1981).
 

Abstract:
Professor Ball writes to express his significant difference of opinion with the versions of constitutional interpretation posited by Professors Bobbitt and Tushnet in previous Law Review articles. He also takes umbrage at the stance the Texas Law Review editor took in introducing Bobbitt and Tushnet’s pieces, which he describes as “puzzling.” Ball reviews the content of the Bobbitt and Tushnet pieces, and then states as an alternative to them a conception of politics that he feels yields a more satisfactory account of judicial review and legal scholarship. Ball also lavishes criticism upon the hapless editor, claiming that the editor has misread both Bobbitt and Tushnet. He asserts that the editor’s hopeful enthusiasm for the comments made by Bobbitt is misplaced, as is the editor’s converse belief that Tushnet’s analysis denies such optimism. In an interesting side-bar, Ball also suggests via a footnote that not only was the editor’s proffered explanation for his attitude towards the Bobbitt piece fallacious, but that he would rather hear Willie Nelson that Professor Bobbitt perform on a Spring evening in Austin.