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Full-Text Articles in Law
Goodridge V. Department Of Public Health, Same-Sex Marriage, And The Massachusetts Supreme Judicial Court As Critical Social Movement Ally, Carlo A. Pedrioli
Goodridge V. Department Of Public Health, Same-Sex Marriage, And The Massachusetts Supreme Judicial Court As Critical Social Movement Ally, Carlo A. Pedrioli
Loyola of Los Angeles Law Review
“[I]t is circular reasoning, not analysis, to maintain that marriage must remain a heterosexual institution because that is what it historically has been.”
Preemptive Dicta: The Problem Created By Judicial Efficiency, Judith M. Stinson
Preemptive Dicta: The Problem Created By Judicial Efficiency, Judith M. Stinson
Loyola of Los Angeles Law Review
Judges regularly espouse dicta. Traditional obiter dicta, remarks that are clearly asides and not about issues considered in the case, can be easily ignored by subsequent courts. But one particular form of dicta is especially problematic because it is more difficult to ignore. Judicial efficiency dicta are statements in judicial opinions about issues involved in the case and likely to present themselves again, but not necessary for the outcome of the case. While those statements are often about issues actually considered and may contribute to judicial efficiency by saving courts time when reconsidering issues already litigated, just like obiter dicta, …