Article Request, and Extra-legal Cases

[Strasser, Mark]

Colleagues, 

FWIW, while I believe that Bush v. Gore fits the extra-legal model, I am less confident about the 2nd Naim v. Naim. The Court had not yet found that right to marry fundamental and it may well be that the Court had something different in mind when doing the initial remand. I suspect that it was interested in interstate recognition issues, which would not be raised as long as one of the parties was a Virginia domiciliary at the time of the marriage.  I also am less confident that Romer is extralegal because it did not discuss Bowers, given that the Colorado amendment had much different effect and scope than an anti-sodomy law. That said, Romer did fit the Hunter-Reitman line of cases much better than members of the Court seemed to admit. 

Part of my notion of extra-legal might involve recharacterizations of past decisions in ways that seem pretty implausible. Without speaking to which results I believe are correct, I have some trouble with Rust and Velazquez. 

ms

Mark Strasser

Trustees Professor of Law

Capital University Law School

303 East Broad St.

Columbus, OH 43215-3200

Ph: 614-236-6686

Fx: 614-236-6956

 

From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Daniel Hoffman
Sent: Wednesday, October 05, 2011 3:40 PM
To: Mark S Kende; Robert Sheridan
Cc: 'conlawprof at lists.ucla.edu'
Subject: Re: Article Request, and Extra-legal Cases

 

How about Bush v. Gore?



 

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