Two more research requests

Volokh, Eugene VOLOKH at
Wed Jan 30 16:57:45 PST 2002

        My apologies for trespassing again on my fellow list members'
generosity, but I was hoping I might solicit some examples of two phenomena:

1)  "A legislature might decline to enact a particular provision for fear
that the Court is moving towards a doctrine that would render the provision
unconstitutional, even if the Court has not yet gone that way."

2)  "A lower court might decide a case based on the Justices' expected
future decisions, even if those decisions are not mandated by the Court's
current caselaw."

I think these things happen, but I have no specific cases at my fingertips.
If anyone has an answer off the top of their heads, I'd love to hear it
off-list at volokh at .  Thanks,


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