Devil’s Advocacy and Dialectic

From a 2013 New York Magazine interview with the late, great Justice Antonin Scalia: [Scalia:] I am something of a contrarian, I suppose. I feel less comfortable when everybody agrees with me. I say, “I better reexamine my position!” I probably believe that the worst opinions in my court have been unanimous. Because there’s nobody […]

Presumptions Of Legitimacy and and Illegitimate Presumptions

For C.S., who brought Michael H. to my attention and noted its importance to modern American paternity jurisprudence. We have recently been discussing conclusive presumptions in law and Halachah; an oft-touted example of such a presumption in American law, apparently originating in the English common law tradition, is the presumption of legitimacy, the presumption that […]