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Comfortably PenumbralBrannon P. DenningSamford University - Cumberland School of Law Glenn Harlan ReynoldsUniversity of Tennessee College of Law Boston University Law Review, Vol. 77, p. 1089, 1998 Abstract: 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, Denning Accepted Paper SeriesDate posted: March 26, 2007Suggested CitationContact Information
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