crossf at mail.utexas.edu
Thu Apr 23 09:29:56 PDT 2009
The statement is glib and sounds clever but
utterly wrong. We compare incommensurables all the time. We have to.
The concept of such incommensurability is most
associated with a far left approach that was very
anticapitalist. But the Justice can't let that get in the way of a good line.
At 11:20 AM 4/23/2009, Rick Duncan wrote:
>Thanks to all who responded. The precise quotation is:
>This process is ordinarily called
>âbalancing,â but the scale analogy is not
>really appropriate, since the interests on both
>sides are incommensurate. It is more like
>judging whether a particular line is longer than a particular rock is heavy.
>Bendix Autolite Corp. v Midwesco Enterprises, 486 U.S. 888, 897 (1988)
>I have to admit I like the way I misremembered
>it better: "whether a rock is heavier than a
>string is long." But it is what it is.
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Frank B. Cross
Herbert D. Kelleher Centennial Professor of Business Law
McCombs School of Business
University of Texas
CBA 5.202 (B6500)
Austin, TX 78712-0212
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