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Full-Text Articles in Legal Writing and Research
The Problem Of Extravagant Inferences, Cass Sunstein
The Problem Of Extravagant Inferences, Cass Sunstein
Georgia Law Review
Judges and lawyers sometimes act as if a constitutional or statutory term must, as a matter of semantics, be understood to have a particular meaning, when it could easily be understood to have another meaning, or several other meanings. When judges and lawyers act as if a legal term has a unique semantic meaning, even though it does not, they should be seen to be drawing extravagant inferences. Some constitutional provisions are treated this way; consider the idea that the vesting of executive power in a President of the United States necessarily includes the power to remove, at will, a …
A Planet By Any Other Name…, Kimberly Kessler Ferzan
A Planet By Any Other Name…, Kimberly Kessler Ferzan
Michigan Law Review
In case you haven't heard, Pluto isn't a planet anymore (and maybe it never was). In grade school, we all memorized the planets, giving little thought to what made something a planet besides revolving around the Sun and being part of some familiar mnemonic. However, scientific discoveries about Pluto and other parts of space led scientists to question Pluto's planetary status and ultimately, to strip Pluto of its standing among the planets. This leads to the inevitable question-what is a planet?-which turns out to be a more difficult and fascinating question than one might think. The Pluto Files grapples with …