Quote:
Originally Posted by Tyrone Slothrop
David Post at Volokh:
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Much ado about nothing. You can't cite an outcome; you have to cite to an opinion. And the "injustice" of two judges believing different bases for overturning a judgment pales in comparison to the sausage-making that goes into verdicts and findings of fact. The only interesting point is when the 7th Circuit overturns Chicago's new ordinance on a patchwork of con law theories -- nearly half on substantive DP; nearly half on P&I. You'll have an entire generation of substantive DP law with no precedential effect.
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