“There is a fundamental distinction between two kinds of questions that lawyers and judges ask. Let’s begin with some examples of what we can call ‘issue-level questions’: What is the standard of care in a negligence action?; What is the proper test for federal question jurisdiction under 28 USC §1331?; Are laws that classify on the basis of sexual orientation subject to heightened scrutiny under the Equal Protection Clause?; …” (more)
[Lawrence Solum, Legal Theory Blog, 11 October]
First posted 2020-10-14 17:42:19
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