Law Commons^™

Comfortably Penumbral, Glenn Reynolds, Brannon Denning

College of Law Faculty Scholarship

A followup to "Penumbral Reasoning on the Right", 140 U. Pa. L. Rev. 1333 (1992), this paper notes the increased use, and acceptance, of penumbral reasoning by federal courts in recent years. It suggests that this trend is a positive one, and likely to lead to more, rather than less, fidelity to constitutional text and structure.