‘Legal Theory Lexicon: Issue-Level and Meta-Level Questions’

“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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