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Full-Text Articles in Jurisprudence
A Review Of “How Judges Think” By Richard A Posner, Chad Flanders
A Review Of “How Judges Think” By Richard A Posner, Chad Flanders
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This is a short review of How Judges Think by Richard Posner.
Bush V. Gore And The Uses Of 'Limiting', Chad Flanders
Bush V. Gore And The Uses Of 'Limiting', Chad Flanders
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My comment looks at the debate in the 6th Circuit case Stewart v. Blackwell in light of the history of the use of "limiting language" by the Supreme Court. I catalog the Court's past uses of limiting language, and distinguish between the Court's several uses of limiting language. Against those who defend the limiting language of Bush v. Gore as simply an example of innocuous minimalism, I report my findings that "limiting" is always used by the Court to nullify a principle that decided a previous case. Additionally, the Court has never, prior to Bush, used limiting language to limit …