Brannon P. Denning
Samford University - Cumberland School of Law
Glenn Harlan Reynolds
University of Tennessee College of Law
Boston University Law Review, Vol. 77, p. 1089, 1998
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.
Number of Pages in PDF File: 38
Keywords: penumbral reasoning, Bork, constitutional law, Reynolds, DenningAccepted Paper Series
Date posted: March 26, 2007
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