Document Type

Article

Publication Title

Boston University Law

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.

First Page

1089

Last Page

1120

Publication Date

12-1997

Included in

Law Commons

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