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Foreword, The Supreme Court, 1995 Term: Leaving Things Undecided

Cass R. Sunstein
Harvard University - Harvard Law School

Harvard Law Review, 1996.

Abstract:
This essay offers a qualified defense of "decisional minimalism" -- the idea that courts should minimize the burdens of decision and the likelihood and seriousness of errors by offering the narrowest rationale necessary to defend an outcome. It distinguishes between "shallowness" and "narrowness" and explains the values served by each. It applies the analysis of minimalism not only to Dred Scott, Brown v. Bd., and Roe v. Wade, but also to the central cases of the past term (above all Romer v. Evans, which it defends as salutary minimalism) and future disputes over the right to die, same-sex marriage, and affirmative action.

Accepted Paper Series

Date posted: December 20, 1996 ; Last revised: February 15, 2001

Suggested Citation

Sunstein, Cass R., Foreword, The Supreme Court, 1995 Term: Leaving Things Undecided. Harvard Law Review, 1996.. Available at SSRN: http://ssrn.com/abstract=10256

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Cass R. Sunstein (Contact Author)

Harvard University - Harvard Law School ( email )

1575 Massachusetts Ave
Areeda Hall 225
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United States
617-496-2291 (Phone)