Hopwin wrote:
The citations (in the applicable chapter) are to editorials and untested judicial opinions.
What do you mean by "untested judicial opinions", Hop? The cites include multiple Circuit Court and Supreme Court cases, as do, I would assume, the cited journal articles.
Beyond that, the chapter itself discusses the application of multiple federal laws, is written by an expert on such laws (i.e. a federal circuit court judge), and often cites to example cases where a conviction was obtained. I'm not sure how much more persuasive a source could be! In any event, though, my point isn't necessarily to say that over-criminalization is absolutely, undeniably a serious problem (though I believe it is). Rather, I highlighted that Kozinski chapter and the Volokh articles (written by law profs and linking to other articles and books on the issue) simply to show that this is more than just unsubstantiated internet bluster; it's a well-known and frequently discussed issue in the legal world.
Don't have a dog in this fight. Just trying to corral the hyperbole.
The author talks about cases but doesn't cite those, instead he continues his points and cites opinions and editorials that are not tested.
Login
Register
FAQ
Search
