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Volokh on Judicial Interpretation, An Unexamined Consistency May Be Individually Suboptimal

By: Luke Gilman | Other Posts by
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Sasha Volokh ends Choosing Interpretive Methods: A Positive Theory of Judges and Everyone Else with this remarkable line:

I do not suggest that a foolish consistency is the hobgoblin of little minds, but, as an economist, I suggest (less eloquently) that an unexamined consistency may be individually suboptimal.

We were fortunate enough to have Prof. Volokh at the University of Houston Law Center this past year. The rest of the paper is well worth discussion but exams loom. It’s published in the Legal Workshop, a new site that’s off to an auspicious start, featuring op-ed versions of the articles published by the member law journals.

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