Download This PaperComfortably Penumbral
38 Pages Posted: 26 Mar 2007
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.
Keywords: penumbral reasoning, Bork, constitutional law, Reynolds, Denning
Suggested Citation: Suggested Citation
Denning, Brannon P. and Reynolds, Glenn Harlan, Comfortably Penumbral. Boston University Law Review, Vol. 77, p. 1089, 1998, Available at SSRN: https://ssrn.com/abstract=975141
Glenn Harlan Reynolds (Contact Author)
University of Tennessee College of Law ( email )
1505 West Cumberland Avenue
Knoxville, TN 37996-1810
United States
865-974-6744 (Phone)
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