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Comfortably Penumbral, Glenn Reynolds, Brannon Denning
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.
Comfortably Penumbral, Glenn Harlan Reynolds
Comfortably Penumbral, Glenn Harlan Reynolds
Scholarly Works
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.