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U.S. Supreme Court,
Constitutional Law

Jun. 18, 2015

When is enough enough?

It is important to know which considerations can prompt a judge to decide that a line of precedent should have an endpoint.

2nd Appellate District, Division 5

Brian M. Hoffstadt

Presiding Justice
California Court of Appeal

UCLA School of Law, 1995

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By the end of the second "Hobbit" movie, the dwarven heroes of the film had achieved their mission of retaking their underground kingdom by evicting a spiteful dragon. But as one of the dwarves watched the dragon descend upon a nearby city, he asks, "What have we done?"

Judges sometimes ask the same question, although it arises when they are called upon to extend a line of precedent their court set in motion years ago into a new area...

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