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Shouldn?t Judges Use the Same Interpretive Methodology?

By Robert Justin Lipkin

Isn’t there something peculiar about judges using different interpretive methodologies in constitutional adjudication? If constitutional judgments are objective, inter-subjective, or in some other way reliable across judges, shouldn’t the form of reasoning and interpretation generating the judgments be the same?  This doesn’t mean that if judges used the same methodology they necessarily would agree on [...]

Full post as published by Essentially Contested America on July 03, 2009 (boomark / email).