Administrative/Regulatory
Mar. 21, 2006
Protecting Police at the Expense of Public Good
There should be a rule. Every time a dissenting opinion predicts, Cassandra-like, that a majority's holding will "open the floodgates" to litigation, or vice versa, the hydrology should be supported with empirical evidence. Not only are the legal locks an overworked clich, but also they are a reliable hint that judges have let their public policy imagination and biases fill in for reliable fact.
Robert L. Bastian Jr.
Partner
Bastian & Dini
9025 Wilshire Blvd, Penthouse
Beverly Hills , CA 90211
Phone: (310) 789-1955
Fax: (310) 822-1989
Email: robbastian@aol.com
Whittier Law School
There should be a rule. Every time a dissenting opinion predicts, Cassandra-like, that a majority's holding will "open the floodgates" to litigation, or vice versa, the hydrology should be supported with empirical evidence. Not only are the legal locks an overworked cliché, but also they are a reliable hint that judges have let their public policy imagination and biases fill in for reliable fact.
The latest example is the dissent in K...
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