Scalia

[Frank Cross]

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 
>“balancing,” 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.
>
>Cheers, Rick
>
>
>
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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
512.471.5250  
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