Article
Comfortably Penumbral
Boston University Law
(1997)
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
Disciplines
Publication Date
December, 1997
Citation Information
Glenn Reynolds and Brannon P. Denning. "Comfortably Penumbral" Boston University Law Vol. 77 Iss. 5 (1997) p. 1089 - 1120 Available at: http://works.bepress.com/glenn-reynolds/9/